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Legal Issues in Risk Management: A Policyholder's Guide is designed to help in-house counsel and risk managers understand important coverage issues being addressed in the courts and to handle problems that arise in connection with the pursuit of insurance claims.
Specifically, Legal Issues in Risk Management will help you:
Legal Issues in Risk Management can be used as a:
In short, Legal Issues in Risk Management is the first and only guide to insurance risk management that is designed to assist in-house counsel and risk managers with the legal issues they face on a regular basis.
Legal Issues in Risk Management has been updated to include:
1. INSURANCE POLICY INTERPRETATION Applicable Law Insurance Policy Interpretation 2. LIABILITY INSURANCE Conditions to Coverage Defense Coverage The Duty to Indemnify 3. DIRECTORS AND OFFICERS LIABILITY INSURANCE Coverages Claims-Made and Reported Coverage Important Exclusions Settlement Issues Priority of Insureds for Payment Issues Involving Excess Insurers 4. GENERAL LIABILITY INSURANCE Occurrence-Based Coverage Trigger of Coverage and Allocation Among Policy Periods The Requirement of Damages Bodily Injury Coverage Property Damage Umbrella and Excess Coverage Product Liability Exclusions and Coverage Pollution and Contamination - Exclusions and Coverages Intellectual Property Liability 5. EMPLOYMENT PRACTICES LIABILITY INSURANCE EPLI Coverage - In General Definition of a "Claim" The Duty to Defend or to Pay for Defense “Consent to Settle” Clauses Interrelated Wrongful Acts Rescission Fraudulent or Malicious Acts Exclusions 6. WORKERS COMPENSATION INSURANCE The Historical Roots of Workers Compensation Insurance The Different Types of Workers Compensation Insurance Private Workers Compensation Insurance The Workers Compensation Claims Process The Most Common Legal Issues in Workers Compensation Claims Workers Compensation Insurance as an Important Risk Management Tool 7. INSURING THE CONSTRUCTION PROJECT Property Coverage for the Construction Project Time Element Coverage for the Construction Project Practice Summary for Property Insurance Liability Coverage for the Construction Project Specialized Coverages Wrap-Up Programs Professional Liability The Construction Project Insurance Program 8. PROPERTY INSURANCE All Risk vs. Named Peril Coverage Insurable Interest in Property Fortuity Direct Physical Loss Extent of Coverage for Property Loss; Actual Cash Value, Replacement Cost, or Repair or Replacement by Insurer How Actual Cash Value is Measured Exclusions and Anticoncurrent Causation Clauses Flood Exclusions - The Wind vs. Flood Debate Coinsurance Time Element Coverages Conditions - Procedural Hurdles to Coverage 9. MARINE AND AIR CARGO INSURANCE Insurable Interest The Policyholder's Obligations under a Marine Cargo Policy Requisites for Recovery Coverage Litigation 10. COUNSEL’S ROLE IN OBTAINING INSURANCE Assuring Complete Disclosure Analysis of New Policy Provisions 11. THE ROLE OF BROKER OR AGENT Differences Between Brokers and Agents Duties of Brokers and Agents to Policyholders 12. CORPORATE COUNSEL'S ROLE IN PURSUING COVERAGE CLAIMS Legal Expertise IsNeeded for Evaluating and Presenting Large or Complex Claims Practice Tips for Pursuing Coverage Claims 13. INSURER BAD FAITH Duty of Good Faith and Fair Dealing Statutory Bases for Bad Faith Liability 14. METHODS OF DISPUTE RESOLUTION The Advantages and Disadvantages of Litigation and Arbitration Litigation Arbitration Appraisal 15. INSURANCE ISSUES IN MERGERS, ACQUISITIONS, AND DIVESTITURES The Due Diligence Process Assignment of Policy Benefits by Operation of Law 16. CAPTIVE INSURANCE COMPANIES What Is a Captive? Types of Captives Types of Insurance That May Be Issued by Captives Oversight of Captives by the IRS Case Law Developments Concerning Requirements for Captives: Risk Shifting Case Law Developments Concerning Requirements for Captives: Risk Distribution Other Tax Issues Relating to Captive Formation General Tax Planning Points Domicile Appendix A: State Late Notice Rules Appendix B: Insurance Bad Faith Statutes Table of Cases Table of Statutes
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