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Reinsurance Law: An Analytic Approach
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701ONL
Reinsurance Law: An Analytic Approach book covers all aspects of the field, large and small, from the varieties and uses of reinsurance to complex matters of law, markets, and regulation.
For lawyers and insurance professionals, understanding the special vocabulary and methods of reinsurance law is essential. Reinsurance Law: An Analytic Approach covers all aspects of the field, large and small, from the varieties and uses of reinsurance to complex matters of law, markets and regulation.
Topics covered include: types of reinsurance contracts (facultative, treaty, proportional, non-proportional, and others); property and casualty reinsurance; life and health reinsurance; the convergence of reinsurance and finance; U.S. and overseas reinsurance markets; the role and liability of reinsurance brokers; common provisions in reinsurance contracts; reporting requirements; claims of privilege; grounds for disputing coverage; allocation of claims, including the follow-the-fortunes doctrine; rescission; managing general agents, managing general underwriters and pools; litigation; and insolvency of the insurer or reinsurer.
This unique guide features detailed discussion of the drafting and documentation of reinsurance contracts, a step-by-step guide to arbitration, and other useful resources for practitioners.
Book #00701; looseleaf, one volume, approximately 462 pages; published in 2009, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-163-7
A combo subscription for the year includes 1 single user online subscription, and 1 copy of all print releases during that year.
| SKU | 701ONL |
|---|---|
| Division Name | LJP |
| Volumes | 1 |
| Product Types | Books |
| Brand | LJP |
| Jurisdiction | National |
| ISBN | 978-1-58852-163-7 |
| Page Count | 0 |
| Edition | 0 |
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CHAPTER 1
The Nature of Reinsurance
§ 1.01 Overview
§ 1.02 Reinsurance Defined
§ 1.03 Types of Reinsurance
CHAPTER 2
The Uses of Reinsurance
§ 2.01 Overview
§ 2.02 Effects of Reinsurance
CHAPTER 3
Basic Reinsurance Regulation
§ 3.01 Overview
§ 3.02 The Insurance Regulatory System
CHAPTER 4
Reinsurance Markets
§ 4.01 Overview
§ 4.02 Types of Reinsurers
CHAPTER 5
Formation of Reinsurance Contracts
§ 5.01 Overview
§ 5.02 Disclosure Requirements
§ 5.05 Contract Documentation
CHAPTER 6
Reinsurance Contract Provisions
§ 6.01 Overview
§ 6.02 Provisions Common to Treaties and Facultative Certificates
CHAPTER 7
Termination of Reinsurance Contracts
§ 7.01 Overview
§ 7.02 Contractual Termination Provisions
CHAPTER 8
Reinsurance Contract Administration
§ 8.01 Overview
§ 8.02 Reporting by the Cedent
§ 8.04 Access to the Cedent’s Records
CHAPTER 9
Reinsurance Claim Issues
§ 9.01 Overview
§ 9.02 The Follow-the-Fortunes/Follow-the-Settlements Doctrine
CHAPTER 10
Allocation of Claims
§ 10.01 Overview
§ 10.02 The Allocation Problem
§ 10.03 Policy-Level Allocation Issues
CHAPTER 11
Rescission of Reinsurance Contracts
§ 11.01 Overview
§ 11.02 The Duty of Utmost Good Faith
§ 11.05 Defenses to Rescission
CHAPTER 12
Managing General Agents, Managing General Underwriters
The Nature of Reinsurance
§ 1.01 Overview
§ 1.02 Reinsurance Defined
§ 1.03 Types of Reinsurance
[1] Facultative vs. Treaty
[2] Proportional vs. Nonproportional
[3] Traditional Reinsurance vs. Finite Risk
[4] Retrocessional Reinsurance
[5] Assumption Reinsurance
§ 1.04 Parties to a Reinsurance Contract[2] Proportional vs. Nonproportional
[3] Traditional Reinsurance vs. Finite Risk
[4] Retrocessional Reinsurance
[5] Assumption Reinsurance
CHAPTER 2
The Uses of Reinsurance
§ 2.01 Overview
§ 2.02 Effects of Reinsurance
[1] Risk Spreading
[2] Result Smoothing
[3] Increasing Capacity
[4] Balance Sheet Treatment
§ 2.03 Reinsurance in Different Lines of Business[2] Result Smoothing
[3] Increasing Capacity
[4] Balance Sheet Treatment
[1] Property/Casualty
[2] Life/Heath
§ 2.04 The Convergence Between Reinsurance and Finance[2] Life/Heath
[1] Financial Guaranty Insurance
[2] Film Financing
[3] Insurance-Linked Securities
[4] “Sidecars”
[2] Film Financing
[3] Insurance-Linked Securities
[4] “Sidecars”
CHAPTER 3
Basic Reinsurance Regulation
§ 3.01 Overview
§ 3.02 The Insurance Regulatory System
[1] Evolution of the System
[2] State Insurance Departments
[3] The NAIC
[4] Federal Inroads
[5] International Inroads
§ 3.03 The Purpose of Insurance/Reinsurance Regulation[2] State Insurance Departments
[3] The NAIC
[4] Federal Inroads
[5] International Inroads
[1] In General
[2] The Role of Reinsurance
§ 3.04 Reinsurance Regulatory Issues[2] The Role of Reinsurance
[1] Credit for Reinsurance: Theory
[2] Credit for Reinsurance: Requirements
[2] Credit for Reinsurance: Requirements
CHAPTER 4
Reinsurance Markets
§ 4.01 Overview
§ 4.02 Types of Reinsurers
[1] Professional Reinsurers vs. Reinsurance Departments
[2] Broker Markets vs. Direct Markets
§ 4.03 Geographic Markets[2] Broker Markets vs. Direct Markets
[1] The U.S. Market
[2] The London Market
[3] Bermuda
[4] Europe and Beyond
[2] The London Market
[3] Bermuda
[4] Europe and Beyond
CHAPTER 5
Formation of Reinsurance Contracts
§ 5.01 Overview
§ 5.02 Disclosure Requirements
[1] The Duty of Utmost Good Faith
[2] Complying With the Duty of Utmost Good Faith
§ 5.03 The Role of Brokers in the Placement of Reinsurance Contracts[2] Complying With the Duty of Utmost Good Faith
[1] In General
[2] Agency Issues Relating to Brokers
[3] Broker Liability
§ 5.04 Lead and Following Reinsurers[2] Agency Issues Relating to Brokers
[3] Broker Liability
§ 5.05 Contract Documentation
[1] Slips
[2] Wordings
[3] Interests and Liabilities Contracts
[4] Facultative Certificates
[2] Wordings
[3] Interests and Liabilities Contracts
[4] Facultative Certificates
CHAPTER 6
Reinsurance Contract Provisions
§ 6.01 Overview
§ 6.02 Provisions Common to Treaties and Facultative Certificates
[1] Basis of Reinsurance: The Reinsuring Clause
[2] Premium
[3] Limits
[4] Other Reinsurance
[5] Loss Provisions
[6] Follow-the-Settlements and Follow-the-Fortunes Provisions
[7] The Right to Associate
[8] Access to Records
[9] Errors and Omissions
[10] Security Requirements
[11] Insolvency Clauses
[12] Intermediary Clauses
§ 6.03 Treaty Provisions[2] Premium
[3] Limits
[4] Other Reinsurance
[5] Loss Provisions
[6] Follow-the-Settlements and Follow-the-Fortunes Provisions
[7] The Right to Associate
[8] Access to Records
[9] Errors and Omissions
[10] Security Requirements
[11] Insolvency Clauses
[12] Intermediary Clauses
[1] Identification of Cedent
[2] Business Covered
[3] Basis of Coverage
[4] Exclusions
[5] Commencement and Termination
[6] Reinstatement Provisions
[7] “Deemer” Clauses
§ 6.04 Facultative Certificate Provisions[2] Business Covered
[3] Basis of Coverage
[4] Exclusions
[5] Commencement and Termination
[6] Reinstatement Provisions
[7] “Deemer” Clauses
[1] The Certificate
[2] Declarations
[3] General Contract Terms
[2] Declarations
[3] General Contract Terms
CHAPTER 7
Termination of Reinsurance Contracts
§ 7.01 Overview
§ 7.02 Contractual Termination Provisions
[1] Term vs. Continuous Contracts
[2] Basis of Termination
[3] Special Termination Clauses
[4] Sunset Clauses and Commutation Clauses
§ 7.03 Commutations[2] Basis of Termination
[3] Special Termination Clauses
[4] Sunset Clauses and Commutation Clauses
[1] Commutations Defined
[2] Drafting Problems
[3] Cession of Commutation Payments
[2] Drafting Problems
[3] Cession of Commutation Payments
CHAPTER 8
Reinsurance Contract Administration
§ 8.01 Overview
§ 8.02 Reporting by the Cedent
[1] The Need for Reporting
[2] Types of Reporting
§ 8.03 The Role of the Broker[2] Types of Reporting
§ 8.04 Access to the Cedent’s Records
[1] Contract Provisions
[2] Underwriting Audits
[3] Claim Audits
[4] Limits on Access
§ 8.05 Implications of Access[2] Underwriting Audits
[3] Claim Audits
[4] Limits on Access
[1] Does Disclosure to a Reinsurer Waive Privilege?
[2] Are Reinsurers Entitled to Privileged Information?
[2] Are Reinsurers Entitled to Privileged Information?
CHAPTER 9
Reinsurance Claim Issues
§ 9.01 Overview
§ 9.02 The Follow-the-Fortunes/Follow-the-Settlements Doctrine
[1] The History and Nature of the Doctrine
[2] Application of the Doctrine
§ 9.03 Reinsurance Contract Issues[2] Application of the Doctrine
[1] Extracontractual Obligations and Excess of Policy Limits Judgments
[2] Declaratory Judgment Expenses
§ 9.04 Late Notice [2] Declaratory Judgment Expenses
[1] The Prejudice Requirement
[2] Notice as a Condition Precedent
[3] Bad Faith
[2] Notice as a Condition Precedent
[3] Bad Faith
CHAPTER 10
Allocation of Claims
§ 10.01 Overview
§ 10.02 The Allocation Problem
§ 10.03 Policy-Level Allocation Issues
[1] Trigger of Coverage
[2] Allocation to Triggered Policy Periods
[3] Allocation to Primary and Excess Layers
[4] Number of Occurrences
§ 10.04 Reinsurance Allocation Issues[2] Allocation to Triggered Policy Periods
[3] Allocation to Primary and Excess Layers
[4] Number of Occurrences
[1] In General
[2] The Impact of the Reinsurance Contract
[3] Application of Follow-the-Fortunes/Follow-the-Settlements
[2] The Impact of the Reinsurance Contract
[3] Application of Follow-the-Fortunes/Follow-the-Settlements
CHAPTER 11
Rescission of Reinsurance Contracts
§ 11.01 Overview
§ 11.02 The Duty of Utmost Good Faith
[1] Origins of the Duty of Utmost Good Faith
[2] The Continuing Relevance of the Duty of Utmost Good Faith
[3] Obligations Imposed by Utmost Good Faith
[4] Remedies for Violation of the Duty of Utmost Good Faith
§ 11.03 Rescission Based on Misrepresentation or Nondisclosure[2] The Continuing Relevance of the Duty of Utmost Good Faith
[3] Obligations Imposed by Utmost Good Faith
[4] Remedies for Violation of the Duty of Utmost Good Faith
[1] Misrepresentation or Nondisclosure
[2] Materiality
[3] Reliance
[4] Is Intent Required?
§ 11.04 Other Grounds for Rescission[2] Materiality
[3] Reliance
[4] Is Intent Required?
§ 11.05 Defenses to Rescission
CHAPTER 12
Managing General Agents, Managing General Underwriters
Steven C. Schwartz
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