Understanding Insurance Law

Author: Robert H. Jerry II,Douglas S. Richmond

Publisher: LexisNexis

ISBN: 1422548651

Category: Law

Page: 1104

View: 3751

This comprehensive Understanding treatise can be used as the course text or as a supplement to any insurance law casebook. Insurance Law is designed to make the substance of insurance law accessible to the student and to the general practitioner unfamiliar with the subject. The premise of this book's organization is that insurance law is best understood if its legal principles are arranged according to the various stages in the life of a contract. Part A considers the question "what is insurance law." Part B considers issues germane to the establishment of the contractual relationship between insurer and insured. Part C considers issues relevant to the performance of contractual obligations. Finally, Part D examines a few topics that defy easy categorization, including special problems in group insurance, special issues in automobile insurance, issues in reinsurance, and a new chapter on excess and umbrella coverage.
Posted in Law

Chinese Insurance Contracts

Law and Practice

Author: Zhen Jing

Publisher: Taylor & Francis

ISBN: 1317802543

Category: Law

Page: 840

View: 6372

Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and – significantly – in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.
Posted in Law

Policyholder's Reasonable Expectations

Author: Yong Han

Publisher: Bloomsbury Publishing

ISBN: 1509900756

Category: Law

Page: 280

View: 8303

Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law 'doctrine' of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder's reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background. "This book provides a stimulating and critical review of a doctrine that is far from dead." Professor Malcolm Clarke, Professor Emeritus of Commercial Contract Law, St John's College, University of Cambridge "A thoroughly researched inquiry that is both broad in scope and nuanced in its analysis of case law and concepts. It not only re-examines and corrects much of the conventional wisdom regarding the reasonable expectations concept but also appreciates the application of the doctrine to the overall insurer-policyholder relationship as well as to coverage disputes...A fresh and interesting exploration that has both perspective and detail. The book makes insightful observations and marshals specific supporting evidence that requires rethinking of traditional views of both insurance law and contract law....Just when you thought everything had been said about the reasonable expectations "doctrine,†? Professor Han provides new and important insights that will prove valuable to scholars addressing the topic, judges deciding cases, and lawyers representing both insurers and policyholders." Jeffrey W Stempel, Doris S & Theodore B Lee Professor of Law, William S Boyd School of Law "This sweeping study of the policyholder's reasonable expectations makes a strong case for placing greater emphasis on this notion in English insurance law. Analyzing the issue from both doctrinal and comparative law perspectives, it is a must-read for anyone in the field.†? Professor Kenneth S Abraham, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law "This book provides the most systematic and comprehensive analysis in the literature on the principle that courts should safeguard policyholders' reasonable expectations of coverage. In the process, it offers a convincing argument that English insurance law should consider policyholders' reasonable expectations of coverage." Professor Daniel Schwarcz, Julius E. Davis Professor of Law, University of Minnesota "This book provides an analysis of the concept of the policyholder's reasonable expectations and an enquiry into the place this concept holds and should hold in English law on insurance contracts. In doing so the book addresses wider questions, such as the justifications for not making substantial distinctions in law between insurance contracts and contracts in general, the subsumed role of expectations in contract law, and the real significance of good faith in the performance of contracts under English law. It argues that English law's reluctance to engage with the policyholder's reasonable expectations as a contextualist interpretative principle is misplaced and unjustifiable. It is a thought-provoking, engaging and timely discussion of an issue the relevance of which is likely to increase in the aftermath of the reforms to English insurance law." Dr Miriam Goldby, Reader in Shipping, Insurance, and Commercial Law, Queen Mary University of London
Posted in Law

A Guide to Insurance

Combining Governance, Compliance and Regulation

Author: Nigel Feetham,Robin Amos

Publisher: Spiramus Press Ltd

ISBN: 1907444467

Category: Law

Page: 286

View: 9078

Insurance has become a highly specialized area, and understanding insurance requires an insight into the changing regulatory environment, as well as understanding what the challenges are that affect insurance companies. Author Nigel Feetham, a practicing lawyer and international insurance practitioner, examines the practice of insurance law as an issue of governance. He applies a practical approach to insurance regulatory law (both UK domestic and international) and provides a guide to current trends, markets, and policy choices facing governments and regulators. The book covers the way captives as well as open market insurers are regulated, how they operate, and what the potential issues are. It is written in a clear accessible manner for students who are now studying insurance law. A Guide to Insurance also includes a chapter written by Robin Amos on Own Risk and Solvency Assessment (ORSA), part of the Solvency II project which is planned to improve the prudential supervision of insurers in the European Union. Solvency II is expected to be in force on January 1, 2014.
Posted in Law

Research Handbook on the Economics of Insurance Law

Author: Daniel Schwarcz,Peter Siegelman

Publisher: Edward Elgar Publishing

ISBN: 1782547142

Category: Law

Page: 568

View: 2476

The fields of insurance law and insurance economics have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. This Handbook encourages more policy-relevant insurance e
Posted in Law


Author: Peter Zweifel,Roland Eisen

Publisher: Springer-Verlag

ISBN: 3662107848

Category: Business & Economics

Page: 486

View: 3155

Das Buch macht den Leser mit den zentralen Fragestellungen und dem analytischen Werkzeug der Versicherungsökonomik vertraut. Es führt Beiträge zur Nachfrage nach Versicherung, zum Angebot an Versicherung und der Versicherungsregulierung sowie zur Sozialversicherung in einer vereinheitlichten Darstellung zusammen, die bisher nur verstreut in Zeitschriften und Sammelbänden verfügbar waren. Es werden empirisch überprüfbare Voraussagen der Theorie abgeleitet und den Ergebnissen internationaler empirischer Forschung gegenübergestellt. Ausformulierte Folgerungen fassen den Stoff zusammen und erleichtern die Kontrolle des Wissensstands.
Posted in Business & Economics

Principles of Insurance Law

Author: Jeffrey W. Stempel,Peter N. Swisher,Erik S. Knutsen

Publisher: LexisNexis

ISBN: 1579116507

Category: Law

Page: 1376

View: 3303

Over the past two decades, there have been a number of important developments in the areas of liability, property, and life and health insurance that have significantly changed insurance law. Accordingly, the Fourth Edition of Principles of Insurance Law has been substantially rewritten, reformatted, and refocused in order to offer the insurance law student and practitioner a broad perspective of both traditional insurance law concepts and cutting-edge legal issues affecting contemporary insurance law theory and practice. This edition not only expands the scope of topical coverage, but also segments the law of insurance in a manner more amenable to study, as well as facilitating the recombination and reordering of the chapters as desired by individual instructors. The Fourth Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: • The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; • The continuing debate between "legal formalists" and "legal functionalists" for "the heart and soul" of insurance contract law; • What constitutes a policyholder's "reasonable expectation" regarding coverage; • The current property and liability insurance "crisis"; • Risk management and self-insurance issues; • Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; • Ongoing interpretive battles over the preemptive scope of ERISA; • The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive's power over foreign affairs; • The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; • New issues over the dividing line between "tangible" property typically covered under a property insurance policy and "intangible" property, which is typically excluded - an issue of increasing importance in the digital and cyber age; • Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; • The difficult-to-harmonize decisions concerning when a loss arises out of the "use" of an automobile; • Insurer bad faith and the availability, if any, of actions against a policyholder for "reverse bad faith"; and • The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction.
Posted in Law

Understanding Employment Law

Author: Richard A. Bales,Jeffrey M. Hirsch,Paul M. Secunda

Publisher: LexisNexis

ISBN: 157911041X

Category: Law

Page: 294

View: 6891

Understanding Employment Law strikes a balance between comprehensiveness and selectivity. It provides the substantive material needed to succeed in practice and in the classroom and on final examinations, without overwhelming the reader with details that are unduly esoteric or tangential. The book begins first with common-law employment doctrines such as employment-at-will, employment contracts, employment torts, workplace privacy issues, and restrictive covenants. It then turns to federal and state statutory regulation of the workplace, covering topics such as compensation (including wage and hour legislation and unemployment insurance), employee benefits (including leave time, pensions, and health insurance), and workplace safety legislation.
Posted in Law

LexisNexis Practice Guide New Jersey Insurance Litigation, 2012 Edition

Author: Robert B. Hille,Mark R. Vespole

Publisher: LexisNexis

ISBN: 1579118348

Category: Law

Page: 792

View: 9975

LexisNexis Practice Guide New Jersey Insurance Litigation explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of an insurance coverage dispute. This portable, practical, task-oriented guidebook to the various types of insurance provides comprehensive, authoritative coverage for the practitioner on the following key topics: • Introduction to Insurance • Common Approaches to Coverage and Coverage Litigation • Personal Lines • Commercial Lines: Commercial General Liability Policies • Commercial Lines: Worker's Compensation, First Party, Employee Fidelity, Environmental and Additional Insured Coverage • Professional Lines • Life, Health and Disability Insurance • Denials and Limitations of Insurance Coverage • Extracontractual Liability • Excess, Umbrella and Surplus Lines Insurance • Rehabilitation, Liquidation and Guarantee Funds Distilling over 20 years of experience from two distinguished New Jersey insurance law practitioners, the LexisNexis Practice Guide New Jersey Insurance Litigation is a reliable roadmap through the complex and multi-faceted practice area of insurance law that combines how-to practice guidance, 49 task-oriented checklists, 120 strategic points, warnings, and cross-references to statutory, case, timing tips to prevent practice missteps, and cross-references to specific state and federal legislation, caselaw, and sources detailing the features of, and requirements for, insurance coverage in New Jersey.
Posted in Law

Essentials of Health Policy and Law

Author: Department of Health Policy Milken Institute School of Public Health the George Washington University Joel B Teitelbaum,Joel B. Teitelbaum,Sara E Wilensky, JD, MPP,Sara E. Wilensky

Publisher: Jones & Bartlett Publishers

ISBN: 1449604749

Category: Education

Page: 294

View: 8393

Essentials of Health Policy and Law provides students of public health with a firm foundation of the basics of American health policy and law. Given the prominent role played by policy and law in the health of all Americans, the aim of this book is to help readers understand the broad context of health policy and law, the essential policy and legal issues impacting and flowing out of the health care and public health systems, and the way health policies and laws are formulated. Think of this textbook as an extended manual--introductory, concise, and straightforward--to the seminal issues in U.S. health policy and law, and thus as a jumping off point for discussion, reflection, research, and analysis.Features:Chapters are structured to allow for the teaching of policy and law in tandem or separately.Includes a chapter on analytic skills for public health students, including how to write a policy analysis.Each chapter includes discussion questions to engage student reflection.May be paired with Essential Readings in Health Policy and Law --a compilation of carefully selected readings meant to allow for deeper analysis of issues covered in this textbook.A complete package of instructor resources.Check out the companion text, Essential Readings in Health Policy and Law. This compilation of carefully selected readings is meant to allow for deeper analysis of issues covered in Essentials of Health Policy and Law.
Posted in Education

Obama’S Empty Promises Vanished Hopes

An Analytical Review of a President’S Policy Failures

Author: Vahab Aghai Ph .D

Publisher: Xlibris Corporation

ISBN: 1477147403

Category: Political Science

Page: 201

View: 4595

Now that the first term of the Obama presidency is nearly over and another presidential election campaign is approaching, this book is especially timely. It summarizes the promises that then candidate Barak Obama made and analyzes President Obamas accomplishments in terms of delivering on those promises. Obamas Broken Promises ventures across the total scope of the U.S. economy, factually and statistically documenting the administrations impact on unemployment, the national debt, poverty, health care, education, housing, energy, trade, foreign relations, and more. Everyone who is planning to vote in November and feels impelled in an era of negative campaigning to base his or her choice on facts rather than attack ads should read this book. It is a bold excursion into the reality of Americas most pressing needs.
Posted in Political Science

Liability Insurance in International Arbitration

The Bermuda Form

Author: Richard Jacobs,Lorelie S Masters,Paul Stanley

Publisher: Bloomsbury Publishing

ISBN: 1847318088

Category: Law

Page: 414

View: 7053

JOINT WINNER OF THE BRITISH INSURANCE LAW ASSOCIATION BOOK PRIZE 2012 This is the second, revised edition, of what has become and was described by the English Court of Appeal in C v D as the standard work on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but, surprisingly, subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. The Bermuda Form is thus not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom. '?deserves to be in the library of anyone who is, or is contemplating becoming, a party to a Bermuda Form arbitration?The authors, whom we have been associated with in some cases and opposed in others, have a wealth of experience with the Bermuda Form and the ability to share that experience with their readers in a clear and engaging style.' From the foreword by Thomas R Newman and Bernard Eder QC
Posted in Law

Understanding Business Law

Author: Brendan Pentony,Stephen Graw,David Parker,Keturah Whitford

Publisher: N.A

ISBN: 9780409332131

Category: Business law

Page: 890

View: 6750

This popular business law text provides a concise overview of subjects affecting business, including the Australian legal system, contracts, sale of goods, agency, consumer credit, bailment, intellectual property, insurance law and incorporates commentary on the new national consumer protection laws. With case examples the authors illustrate how legal principles are applied in a business context. This text is accompanied by extensive ancillary material.
Posted in Business law

Einführung in die Rückversicherung

Author: Christoph Pfeiffer

Publisher: Springer-Verlag

ISBN: 3663134636

Category: Business & Economics

Page: 73

View: 4202

Posted in Business & Economics

Michigan Law Review

Author: N.A

Publisher: N.A


Category: Law

Page: N.A

View: 574

Posted in Law

Health Communication in the 21st Century

Author: Kevin B. Wright,Lisa Sparks,H. Dan O'Hair

Publisher: John Wiley & Sons

ISBN: 1118339835

Category: Language Arts & Disciplines

Page: 360

View: 9976

This popular and engaging text on health communication is now revised and updated in a second edition that incorporates recent research and boasts new material on topics such as crisis communication, social disparities in health, and systemic reform. Fully revised second edition of this popular and authoritative text Includes fresh material on topics such as crisis communication, health care reform, global health issues, and political issues in health communication New case studies, examples, and updated glossary keep the work relevant and student-friendly Provides effective strategies for healthcare organizations and individuals in communicating with patients Updated and enhanced online resources, including PowerPoint slides, test bank, and instructors manual, available upon publication at www.wiley.com/go/wright
Posted in Language Arts & Disciplines

Group Insurance

Author: William F. Bluhm

Publisher: ACTEX Publications

ISBN: 1566989329

Category: Group insurance

Page: 887

View: 9504

This text is a comprehensive treatment of all aspects of group insurance in the United States and Canada. It addresses life and health insurance as well as government programs and more specialized forms of insurance. Emphasis is placed on the actuarial aspects of this important field of insurance including pricing, regulation, underwriting, financial reporting, and modeling. Since its original publication in 1992, Group Insurance has become the resource of choice for experts as well as beginners. It is an essential tool for anyone who wishes to practice in the group benefits field. The Sixth Edition has been updated for the industry and regulatory changes which have occurred since 2007. Of particular note is the impact that healthcare reform in the United States will have on all facets of this topic.
Posted in Group insurance

Radiology and the Law

Malpractice and Other Issues

Author: Ronald Eisenberg

Publisher: Springer Science & Business Media

ISBN: 1461220408

Category: Medical

Page: 265

View: 9866

Practically every radiologist would benefit from an all-encompassing guide to malpractice issues in radiology. Dr. Ronald Eisenberg, a highly respected author in the field, has put together a comprehensive reference to provide radiologists with an introduction to malpractice issues and a basic understanding of their relationships with government regulatory agencies and HMOs. This softcover book will detail the mechanics of a lawsuit, how radiologists can become the object of a malpractice action, and what they can do to minimize potential exposure.
Posted in Medical