Download or read book Interpretation of Insurance Contracts written by Jeffrey W. Stempel and published by Aspen Publishers. This book was released on 1994 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How to Draft and Interpret Insurance Policies written by Kenneth S. Wollner and published by International Risk Management Institute. This book was released on 2010 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Revisiting Maryland s Common Law Interpretation of Insurance Contracts written by Randy Henry and published by . This book was released on 2016 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under Maryland's common law, courts interpret ambiguous insurance contracts using traditional contract law principles. In February 2015, Maryland's highest court faced the question of whether to change its method of interpreting insurance contracts to a more pro-policyholder method, contra proferentem. Contra proferentem interprets policy terms strictly against the insurers without reviewing extrinsic evidence. This Comment contends that Maryland courts should continue applying contract law when interpreting ambiguous insurance contracts. This Comment explores cases showing the court's long-standing reliance on contract law principles when interpreting insurance contracts and insurance contract exclusion clauses. Contract law principles best reinforce the court's primary purpose of ascertaining the parties' intent while ensuring adequate protection for insurance consumers. Many courts and commentators also favor contract law principles by noting the benefits to consumers from standardized insurance contracts. From an economic perspective, while jurisdictions that interpret insurance contracts using contract law principles appear preferable over contra proferentem jurisdictions, the argument that contra proferentem significantly increases consumer insurance costs seems unsupported. Maryland courts should continue applying contract law to interpret insurance contracts and permit the state legislature to determine whether contract law or another method of interpretation best advances broader public policy considerations.
Download or read book Stempel on Insurance Contracts written by Jeffrey W. Stempel and published by Wolters Kluwer. This book was released on 2005-12-30 with total page 3276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anderson on Wisconsin Insurance Law Interpretation of insurance contracts written by Sheila M. Sullivan and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Download or read book Anderson on Wisconsin Insurance Law Interpretation of insurance contracts written by Brian D. Anderson and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Fire Insurance Contract written by Insurance Society of New York and published by . This book was released on 1922 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of European Insurance Contract Law PEICL written by Project Group Restatement of European Insurance Contract Law and published by sellier. european law publ.. This book was released on 2009 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
Download or read book Principles of Insurance Law with Case Studies written by Shanmuganathan and published by Partridge Publishing Singapore. This book was released on 2020-02-18 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insurance Law with Case Studies introduces the basics of insurance law and offers a comprehensive overview of the principles of insurance law. Written by a senior insurance professional, it provides valuable insight into key areas with case illustrations providing clarity throughout the book. The publication provides a thorough analysis of insurance principles and case laws. It includes issues confronting insurance lawyers and the insurance industry and analyses the positions of the courts in various jurisdictions. The chapters cover a wide range of topics which include: • The formation of the insurance contract. • Construction of the proposal form and the rules of evidence. • Acceptance of the proposal and premiums. • Cover notes and the certificate of insurance. • Insurable interests, risks and warranties. • Types of policies. • Interpretation of contracts of insurance. • The principle of good faith and the duty of disclosure. • Fraudulent misrepresentation and reliance. • Agents and inducement. • Standard of proof and pleadings.
Download or read book Understanding Insurance Law written by Robert H. Jerry and published by LexisNexis/Matthew Bender. This book was released on 1996 with total page 1044 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive treatise can be used as the course text or as a supplement to any insurance law casebook. Includes the basic insurance law concepts as well as discussion of topical issues such as AIDS & genetic screening. Also available electronically.
Download or read book IFRS 4 Insurance Contracts written by International Accounting Standards Board and published by . This book was released on 2004 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance Contracts written by Charles Huntington Jacobs and published by . This book was released on 1921 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpretation of Contracts written by Kim Lewison and published by . This book was released on 2013 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.
Download or read book Interpretation of Insurance Contracts written by Timothy James Parker and published by . This book was released on 2014 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance Law written by Barry Zalma and published by National Underwriter Company. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance Law is the most comprehensive, and yet practical, insurance law authority available today. Written by nationally-renowned insurance coverage expert Barry Zalma, an insurance coverage attorney, consultant, expert witness and blogger, Insurance Law introduces the new insurance professional to the fundamental principles of insurance and provides the experienced litigator analyses of today's leading insurance law decisions nationwide. This book is ideal for any professional who works in or frequently interacts with the insurance industry. Claims professionals, risk managers, producers, underwriters, attorneys (both plaintiff and defense), business owners, and students will benefit greatly from this all-inclusive reference. It is also the perfect resource for educators and trainers whose role requires an understanding of insurance law. As you read through these pages, you'll find comprehensive--yet comprehensible--coverage of key topics, including: - Construction of Insurance Contracts - Rules of Contract Interpretation - Differences between Property and Liability Policies - The Equitable Remedy of Rescission - Duties of the Insured and Insurer - Statutory Bad Faith and Defenses to the Tort of Bad Faith - Conditions, Warranties, and Exclusions - The Doctrine of Fortuity - Coverage Trigger - Appraisal and Arbitration - The Right to Independent Counsel - Fraud and False Swearing - The Equitable Remedy of Subrogation - Excess, Escape, Contingent Escape, and Other Insurance Clauses - Punitive Damages - Preemption and the Power to Control Insurance In addition to case law, the author has provided countless citations to relevant statutory, regulatory, and judicial sources which are guaranteed to kickstart your research. .
Download or read book Insurance Contract Interpretation written by Thomas J. Donnelly and published by . This book was released on 2014 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
