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In today's insurance coverage litigation environment, thepractitioner who needs to determine what is--and is not--covered under variouspolicy provisions is up against some formidable challenges. Literallythousands of cases on insurance issues find their way into courtrooms everyyear, and the decisions can be as difficult to decipher as they are to track.Find the authoritative guidance you need with Ostrager and Newman'sHandbook on Insurance Coverage Disputes . This three-volume resourcehelps you quickly and easily pinpoint detailed analysis of lead cases in keyjurisdictions, provides excerpts from standard insurance policies, includingcritical commentary on key provisions, and offers insights into planning andimplementation of successful litigation strategies.Ostrager and Newman's Handbook on Insurance Coverage Disputes,Fifteenth Edition addresses today's critical coverage issues, such as:The Insurer's Duty to DefendTrigger and Scope of Occurrence-Based CoverageBad Faith and Wrongful Refusal to SettleProperty InsuranceRights and Obligations of Co-InsurersInsurability of Punitive DamagesExcess Insurance and Analysis of Pollution ExclusionsDirectors and Officers CoverageEmployee Discrimination and Sexual Harassment ClaimsMake the Handbook on Insurance Coverage Disputes your one-stopsource for the current state of the law on:The effect of a reservation of rights letter...disclaimer and denials ofcoverageThe rules governing all aspects of giving notice of a claim includingmechanics of language and timelinesEffect of misrepresentations and omissions in insurance applicationsReverse bad faith and contributory bad faithReinsuranceThe legal issues presented in litigation involving hazardous waste andenvironmental cleanupCoverage provided by general liability insurance, including personal injuryand advertising injury coverageRules for apportioning the cost of defense among insurers

Tabla de contenidos provista por Syndetics

• 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 Interpreting Ambiguous Insurance Policies
• 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 Timeliness of Notice
• §4.04 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 Specific Insured Hazards
• §7.03 The Nature of Damage Covered
• §7.04 Personal Injury and Advertising Injury Coverage
• §7.05 Contractual Liability Coverage
• §7.06 Vendor's Endorsement
• §7.07 Direct Action Statutes
• Chapter 8 Nature and Extent of Occurrence-Based Coverage
• §8.01 Introduction
• §8.02 CGL Insurance Only Covers Accidental or Fortuitous Damage
• §8.03 Occurrence-Based Coverage
• Chapter 9 Trigger and Scope of Occurrence-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