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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, Sixteenth 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

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