Law of Insurance Contract Disputes.
Readers of the Journal of Risk and Insurance are familiar with Jeffrey Stempel, who is editor of the "Recent Court Decisions" section for this journal. The current (second) edition of his book on the laws of insurance contract disputes continues to provide in-depth analysis of contract issues in a full and complete manner. While written in a legal style directed primarily towards insurance lawyers, the style is quite readable to risk management and insurance professionals (especially those who read the Recent Court Decisions section of the journal). Many "current" topics are presented that would be useful for discussions in risk management and insurance classes. These topics include discussions of "sudden and accidental" triggers as related to environmental pollution coverages; bad faith and fraud litigation; intentional acts exclusions; punitive damage insurance coverage; the use of the RICO (anti organized crime legislation) statutes in insurance; insurance insolvency and its effect on liability claims; emp loyment claim coverage; and even an extended discussion of Y2K problem coverages issues.
The book is detailed in its discussions and references and should be a very good addition to the law library of any law firm involved in insurance contract litigation. In addition, risk management and insurance professionals involved in expert witness consulting will find the book valuable as a resource as will academics teaching this material in their classes. It is well written and is a comprehensive source of information on contract disputes in insurance. I highly recommend it and have already used it in preparing parts of my risk management classes and my own references.
The book itself is a three-ring notebook with many pages (of standard book size) and an attractive embossed spine. It will fit nicely on a bookshelf, while allowing the author to revise the book as important legal issues arise in this constantly evolving area. Already, an updating supplement is supplied with the book, justifying this publishing approach in which one can "subscribe" to updates as they arise. A list of the chapters is given below to illustrate the scope of the material covered in this excellent book. The author is to be commended for compiling such an exhaustive study of the issues in contract disputes in insurance.
The Law of Insurance Coverage: Background, Basics, Theory, and Doctrine
Chapter 1 Core Insurance Concepts Affecting Insurance Contract Interpretation
Chapter 2 The Nature of Coverage Litigation, the Structure of Insurance Regulation and the Insurance Policy
Chapter 3 Formation and Termination of the Insurer-Policyholder Relationship
Chapter 4 Contract Construction Principles and Methodology
Chapter 5 Waiver, Equitable Estoppel, and Detrimental Reliance in Insurance Contracts
Chapter 6 Agents and Intermediaries
Chapter 7 Efficient Proximate Cause: Causation and Insurance Contracts
Chapter 8 Valuation of Losses
Chapter 9 Obligations of Insurer and Policyholder: Notice; Cooperation; Duty to Defend; Duty to Settle
Chapter 10 The Duty of Good Faith and Fair Dealing; Bad Faith Litigation
Chapter 11 Subrogation
Chapter 12 Insurer Insolvency and Liability Claims
Chapter 13 Coordination of Coverage and Allocation of Insurer and Policyholder Responsibilities
Specific Policies and Issues in the Law of Insurance Coverage
Chapter 14 Commercial General Liability Insurance
Chapter 15 Property Insurance
Chapter 16 Excess and Umbrella Insurance Coverage
Chapter 17 Reinsurance Coverage
Chapter 18 Life Insurance
Chapter 19 Directors and Officers Insurance
Chapter 20 ERISA and Insurance Coverage
Chapter 21 Insurance Coverage and Employment Claims
Chapter 22 Other Insurance Products and Issues
Chapter 23 The Year 2000 (Y2K) Problem: Coverage Headache or Insurance Crisis?
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|Author:||Brockett, Patrick L.|
|Publication:||Journal of Risk and Insurance|
|Article Type:||Book Review|
|Date:||Mar 1, 2001|
|Previous Article:||RECENT COURT DECISIONS.|
|Next Article:||Stochastic Processes for Insurance and Finance.|