Store Legal Handbook on Insurance Coverage Disputes, Eighteenth Edition
Handbook on Insurance Coverage Disputes, Eighteenth Edition Handbook on Insurance Coverage Disputes, Eighteenth Edition

Handbook on Insurance Coverage Disputes, Eighteenth Edition

By Barry R. Ostrager, Thomas R. Newman
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Overview

In today’s insurance coverage litigation environment, the practitioner who needs to determine what is—and is not—covered under various policy provisions is up against some formidable challenges. Literally thousands of cases on insurance issues find their way into courtrooms every year, and the decisions can be as difficult to decipher as they are to track.

Find the authoritative guidance you need with Ostrager and Newman’s Handbook on Insurance Coverage Disputes. This three-volume resource helps you quickly and easily pinpoint detailed analysis of lead cases in key jurisdictions, provides excerpts from standard insurance policies, including critical commentary on key provisions, and offers insights into planning and implementation of successful litigation strategies.

Ostrager and Newman’s Handbook on Insurance Coverage Disputes, Eighteenth Edition addresses today’s critical coverage issues, such as:

  • The Insurer’s Duty to Defend
  • Trigger and Scope of Occurrence-Based Coverage
  • Bad Faith and Wrongful Refusal to Settle
  • Property Insurance
  • Rights and Obligations of Co-Insurers
  • Insurability of Punitive Damages
  • Excess Insurance and Analysis of Pollution Exclusions
  • Directors and Officers Coverage
  • Employee Discrimination and Sexual Harassment Claims

Make the Handbook on Insurance Coverage Disputes your one-stop source for the current state of the law on:

  • The effect of a reservation of rights letter...disclaimer and denials of coverage
  • The rules governing all aspects of giving notice of a claim including mechanics of language and timelines
  • Effect of misrepresentations and omissions in insurance applications
  • Reverse bad faith and contributory bad faith
  • Reinsurance
  • The legal issues presented in litigation involving hazardous waste and environmental cleanup
  • Coverage provided by general liability insurance, including personal injury and advertising injury coverage
  • Rules for apportioning the cost of defense among insurers
Last Updated 12/22/2016
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454879824
SKU 10045465-7777
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010006037
Table of Contents

VOLUME 1

CHAPTER 1 - Rules of Construction Applied in Insurance Coverage Disputes

  • §1.01 General Rules of Policy Construction
  • §1.02 Determining Whether an Ambiguity Exists
  • §1.03 Use of Extrinsic Evidence to Interpret Ambiguous Insurance Policies
  • §1.04 The Reasonable Expectations Doctrine
  • §1.05 The Contra-Insurer Rule

CHAPTER 2 - Reservation of Rights, Disclaimers, and Denials of Coverage

  • §2.01 Introduction
  • §2.02 Reservation of Rights Letters
  • §2.03 Conflicts of Interest Created by Defense of Insured Under Reservation of Rights
  • §2.04 Non-Waiver Agreements
  • §2.05 Disclaimers
  • §2.06 Waiver and Estoppel as Defenses to Disclaimers
  • §2.07 Lack of Cooperation

CHAPTER 3 - Misrepresentations or Omissions in the Application for Insurance

  • §3.01 Generally
  • §3.02 Statutory Provisions
  • §3.03 Rescission
  • §3.04 Special Issues Involving Misrepresentations or Omissions

CHAPTER 4 - The Notice Requirement in the Presentation of Claims to the Insurer

  • §4.01 Introduction
  • §4.02 The Notice Requirement
  • §4.03 The Mechanics of Providing Notice
  • §4.04 Timeliness of Notice
  • §4.05 Consequences of Late Notice
  • §4.06 Survey of Late Notice Cases in Various Jurisdictions

CHAPTER 5 - The Insurer's Duty To Defend

  • §5.01 Introduction
  • §5.02 The Scope of the Insurer’s Duty to Defend
  • §5.03 The Limits of a Primary Insurer’s Duty to Defend
  • §5.04 Other Issues Pertaining to the Duty to Defend
  • §5.05 Termination of Duty to Defend
  • §5.06 Damages Awardable for Breach of the Duty to Defend
  • §5.07 The Right of an Insurer to Seek Reimbursement of Defense Costs From the Insured

CHAPTER 6 - Allocation of Defense Costs among Primary and Excess Insurers

  • §6.01 Introduction
  • §6.02 How Defense Costs Are Apportioned among Primary Insurers
  • §6.03 Excess Insurer's Duty to Defend
  • §6.04 Duty to Defend of Insurer Excess to a Self-Insured Retention

CHAPTER 7 - The Coverage Provided by General Liability Insurance

  • §7.01 Introduction
  • §7.02 The Premises/Operations Hazard
  • §7.03 The Products/Completed Operations Hazards
  • §7.04 Distinguishing Between Premises/Operations and Products/Completed Operations Coverage
  • §7.05 Bodily Injury Coverage
  • §7.06 Property Damage Coverage
  • §7.07 Contractual Liability Coverage
  • §7.08 Vendor's Endorsement
  • §7.09 Direct Action Statutes
  • §7.10 The Sisterhip Exclusion
  • §7.11 The Professional Services Exclusion

CHAPTER 8 - The Requirement of Fortuity In Occurrence-Based And Claims-Made Coverage

  • §8.01 Introduction
  • §8.02 CGL Insurance Only Covers Accidental or Fortuitous Damage
  • §8.03 Occurrence-Based Coverage

CHAPTER 9 - Trigger and Scope ofOccurrence-Based Coverage

  • §9.01 Introduction
  • §9.02 Single vs. Multiple Occurrences
  • §9.03 Date of Occurrence
  • §9.04 Allocation of Liability

CHAPTER 10 - Insurance Coverage Issues Arising Out of Hazardous Waste/Environmental Clean-Up Litigation

  • §10.01 Introduction
  • §10.02 The Scope of CGL Coverage for Environmental Claims
  • §10.03 Duty to Defend CERCLA Claims
  • §10.04 Environmental Coverage Under the Personal Injury Endorsement
  • §10.05 Environmental Coverage Under First-Party Property Policies

VOLUME 2

CHAPTER 11 - “Other Insurance” Clauses

  • §11.01 Introduction
  • §11.02 Types of “Other Insurance” Clauses
  • §11.03 Resolution of Conflicts Involving “Other Insurance” Clauses
  • §11.04 Formulae for Apportioning Losses Between Co-Insuring Policies
  • §11.05 Allocating the Duty to Defend Between Co-Insurers

CHAPTER 12 - Bad Faith Claims Against an Insurer

  • §12.01 Introduction
  • §12.02 State Unfair Insurance Practices Acts
  • §12.03 The Law of California
  • §12.04 The Law of New York
  • §12.05 The Insurer's Duty of Good Faith with Respect to Settlement
  • §12.06 Defenses to Bad Faith Claims
  • §12.07 Damages Recoverable for Insurer Bad Faith
  • §12.08 The Scope of Discovery in Bad Faith Actions
  • §12.09 First-Party Claims
  • §12.10 “Reverse Bad Faith” and “Comparative Bad Faith”
  • §12.11 Post-Disclaimer Bad Faith

CHAPTER 13 - Current Issues Involving Excess Insurance

  • §13.01 The Extent to Which Following Form Excess Insurers Must Follow the Intent of Underlying Insurers
  • §13.02 Maintenance of Underlying Insurance
  • §13.03 The Obligations of an Excess Insurer When the Primary Insurer Becomes Insolvent
  • §13.04 Does an Excess Insurer Have an Obligation To Contribute to a Settlement Before Primary Limits Have Been Exhausted?
  • §13.05 Elements of an Excess Insurer's Action Against a Primary Insurer Which Has Wrongfully Refused To Settle a Claim: Equitable Subrogation
  • §13.06 Limitations on the Right of an Excess Insurer to Invoke the Doctrine of Equitable Subrogation
  • §13.07 Direct Right of Action by an Excess Insurer Against a Primary Insurer
  • §13.08 Triangular Reciprocity
  • §13.09 Settlement by an Excess Insurer over the Objection of the Primary Insurer
  • §13.10 Excess Insurer's Right To Make Its Own Settlement Evaluation
  • §13.11 Primary Insurer's Bad Faith Refusal To Settle Within Its Policy Limits Is Not Excused by an Excess Insurer's Refusal To Settle
  • §13.12 Survey of Insolvency Drop-Down Decisions in Various Jurisdictions
  • §13.13 Excess Liability Insurance over Self-Insured Retention
  • §13.14 Horizontal vs. Vertical Exhaustion of Available Underlying Insurance

CHAPTER 14 - Insurance Coverage for Punitive Damages Assessed Against an Insured

  • §14.01 Punitive Damages Generally
  • §14.02 The Insurability of Punitive Damages
  • §14.03 The Insurer's Duty to Defend the Insured in an Action Seeking Punitive Damages
  • §14.04 Excess Insurance for Punitive Damages
  • §14.05Availability of Reinsurance for Punitive Damages
  • §14.06 Survey of the Insurability of Punitive Damages in Various Jurisdictions
  • §14.07 Insurability of Punitive Damages Where There Is Conflict of Law

CHAPTER 15 - Overview of Reinsurance

  • §15.01 What Is Reinsurance?
  • §15.02 Types of Reinsurance
  • §15.03 The Reinsurance Contract
  • §15.04 The Reinsurance Relationship

CHAPTER 16 - Current Issues Involving Reinsurance

  • §16.01 “Follow the Fortunes” or “Follow the Settlements” Clauses
  • §16.02 Following Form Clause
  • §16.03 Consequences of Late Notice Under a Reinsurance Agreement
  • §16.04 Rescission of Reinsurance Contracts for Concealment of Material Facts or Misrepresentations
  • §16.05 Failure of Ceding Insurer to Maintain Policy Retention as a Ground for Avoiding Liability Under a Reinsurance Agreement
  • §16.06 Reinsurance of “Retroactive Insurance”
  • §16.07 Liability of Reinsurers for Bad Faith Compensatory and Punitive Damage Awards Rendered Against a Ceding Insurer
  • §16.08 Reinsurer's Liability Based Upon Direct Involvement in Claims Handling
  • §16.09 Reinsurer's Liability to Claimants, Policyholders or Guaranty Funds When the Ceding Insurer Is Insolvent
  • §16.10 Negotiation and Settlement of Claims in Cases of Insolvency
  • §16.11 Arbitration of Reinsurance Disputes

CHAPTER 17 - Litigation Over Lost or Destroyed Policies

  • §17.01 The Importance of Old Policies
  • §17.02 Prerequisites for the Use of Secondary Evidence
  • §17.03 Burden of Proof
  • §17.04 Proving the Contents of Lost Instruments
  • §17.05 Evidence of Business Practices
  • §17.06 Illustrative Cases

CHAPTER 18 - The Role of the Insurance Broker in the Insurance Coverage Dispute

  • §18.01 Introduction
  • §18.02 Is the Broker the Agent of the Insurer or of the Insured?
  • §18.03 Discovery and the Broker
  • §18.04 The Broker as a Defendant in Insurance Coverage Litigation

CHAPTER 19 - Coverage Issues Arising from the Acquisition and Disposition of Assets

  • §19.01 Introduction
  • §19.02 Issues Arising Out of Corporate Mergers and Acquisitions
  • §19.03 The Availability of Coverage for Pre-Acquisition Claims Against a Property

CHAPTER 20 - Current Issues Relating to Directors and Officers Coverage

  • §20.01 Introduction
  • §20.02 The Insurer's Right to Rescind Based Upon Material Misrepresentations or Omissions in the Application
  • §20.03 Special Problems with Respect to Directors and Officers Coverage
  • §20.04 What Constitutes a “Claim” or a “Loss” in Directors and Officers Insurance
  • §20.05Exclusions in Directors and Officers Policies
  • §20.06 Advancement of Defense Costs
  • §20.07 Allocating Loss and Defense Costs Under Directors and Officers Liability Insurance Policies
  • §20.08 Issues Concerning Bankruptcy Court Authority Over Directors and Officers Liability Policies and Proceeds

CHAPTER 21 - Property Insurance

  • §21.01 Overview of Property Insurance
  • §21.02 Nature of Property Insurance Coverage
  • §21.03 Trigger and Scope of Coverage
  • §21.04 Exclusions
  • §21.05 Obligations of the Insured
  • §21.06 Property Valuation
  • §21.07 The Suit Limitations Clause

CHAPTER 22 - Settlement and Subrogation

  • §22.01 Introduction
  • §22.02 Right of Insurer to Consent to Settlement for Which Coverage Is Sought
  • §22.03 Potentially Collusive Settlements Involving Assignment of Insured’s Rights to Injured Party
  • §22.04 Settlements That Exhaust Policy Limits
  • §22.05 Insurer's Right to Seek Reimbursement of Settlement Payments from the Insured
  • §22.06 Insurer’s Subrogation and Contribution Rights

CHAPTER 23 - Pollution Exclusion Issues

  • §23.01 Introduction
  • §23.02 The Early Pollution Exclusion Clauses
  • §23.03 The Absolute Pollution Exclusion
  • §23.04 Other Pollution Exclusion Issues

CHAPTER 24 - Bankruptcy: The Impact of Chapter 11 on a Debtor’s Insurers

  • §24.01 Introduction and Overview of a Chapter 11 Case
  • §24.02 Insurer Participation in Bankruptcy Cases
  • §24.03 Insurance Coverage Disputes in Bankruptcy
  • §24.04 Issues Arising in Mass Tort Bankruptcy Cases
  • §24.05 Insurance Contracts as Executory or Non-Executory
  • §24.06 Section 363 Buy-Backs of Insurance Policies

CHAPTER 25 - THE SCOPE OF PERSONAL AND ADVERTISING INJURY COVERAGE

  • §25.01 Introduction
  • §25.02 Personal Injury Coverage
  • §25.03 Advertising Injury Coverage
  • §25.04 ;Limitation and Exclusions to Personal and Advertising Injury Coverage

VOLUME 3

  • Table of Cases Citing Handbook on Insurance Coverage Disputes
  • Table of Cases
  • Table of Statutes
  • Table of Other Authorities
  • Index
Volumes