Insurance Coverage Disputes

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A comprehensive guide to the issues that can arise at every stage of a coverage dispute, from the initial inquiry to complex questions of law, evidence, procedure and strategy.

Insurance Coverage Disputes is a comprehensive, chronologically organized and clearly written guide to the issues that can arise at every stage of a coverage dispute, from the initial inquiry into whether a policy exists to complex questions of law, evidence, procedure and strategy.

The authors explain in detail all aspects of litigating insurance coverage disputes, including: the varieties of policies and coverage; obligations of policyholders and insurers; and the nuts and bolts of proving or disproving coverage, from pretrial motions through settlement. Topics include: case management; venue; parties; justiciability; discovery disputes and privileged documents; insurance policy interpretation and construction; bad faith and extra-contractual claims; and the trial itself.

You'll find out about coverage for asbestos, natural disasters, environmental liability, business torts, products liability, employment practices, business interruption, toxic torts, and many other timely topics. There is also a series of ready reference charts summarizing the controlling law of each of the fifty states and the District of Columbia on a number of key liability insurance issues.

Book #00638; looseleaf, one volume, 1,080 pages; published in 1996, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-075-3

Additional Information
Division Name Law Journal Press
Volumes 1
Product Types Books
Brand Law Journal Press
Jurisdiction National
ISBN 978-1-58852-075-3
Page Count 1080
Edition 0
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John H. Mathias
John D. Shugrue
Mr. Shugrue is a partner in the Chicago office of Reed Smith LLP and is a senior member of the firm's Insurance Recovery Group. He has extensive experience in complex insurance coverage litigation involving CGL, D&O, First-Party Business Interruption and E&O claims. He was Co-Chair of the ABA Section of Litigation's Insurance Coverage Litigation Committee from 1997-2000, and has served on the Section of Litigation's Federal Practice Task Force. He also co-chaired an American Bar Association Task Force that prepared the Manual for Complex Insurance Coverage Litigation. Mr. Shugrue writes and lectures frequently on a variety of insurance coverage issues, including Lloyd's and the London market, environmental and toxic tort insurance coverage, and Directors & Officers liability insurance. He graduated with honors from the University of North Carolina School of Law (1987) and the University of Denver (1984).
Thomas A. Marrinson
Mr. Marrinson is a partner in the Chicago office of Reed Smith LLP. He has experience in a wide variety of insurance coverage disputes, including those involving coverage for professional liability, D&O liability, environmental cleanup, lead poisoning, and asbestos-related property damage claims. Mr. Marrinson frequently writes and lectures on numerous insurance coverage issues throughout the country. He is a graduate of UCLA School of Law (1989) and Columbia College (1986).
The Basic Types of Policies and Coverages

§ 1.01 Components of an Insurance Policy
[1] Declarations
[2] Insuring Agreement
[3] Exclusions
[4] Definitions
[5] Conditions
[6] Endorsements
§ 1.02 Other Evidence of Insurance
§ 1.03 Types of Insurance Policies
[1] Claims Made vs. Occurrence
[2] Primary vs. Excess
[3] Subscription/Participation Policies
[4] “Manuscript” Policies
[5] Fronting Insurance
[6] Retrospectively Rated Insurance
§ 1.04 Types of Coverages
[1] Comprehensive General Liability
[2] First-Party Property
[3] Directors’ & Officers’ (D&O) Liability
[4] Products Liability
[5] Errors & Omissions (E&O) Liability
[6] Fidelity/Dishonesty Coverage
[7] Professional Liability
[8] Environmental Impairment Liability (EIL)
[9] Employers’ Liability
[10] Kidnapping and Ransom (K&R)
[11] Mortgage Insurance
[12] Cyber Risk Insurance
[13] Coverage for Violations of Biometric Data Privacy Laws
[14] Coverage for Regulated Marijuana Businesses
[15] Drone Insurance

Duties of Policyholder and Insurer in Claims Submission and Handling

§ 2.01 Introduction
§ 2.02 Duties of Policyholder
[1] Duty to Provide Notice to Insurer
[2] Assistance and Cooperation
[3] Consent to Settlement
[4] Proof of Loss
[5] Suit Limitation Issues
§ 2.03 Duties of Insurer
[1] Investigate/Adjust
[2] Reservations of Rights/Disclaimers
[3] Claims-Handling Statutes
[4] Defense Obligation: Tripartite Relationship; Conflicts of Interest
[5] Duty to Inform Policyholder of Available Coverage
[6] Equitable Duties to Underlying Counsel

Preliminary Litigation Considerations

§ 3.01 Case Management
[1] Introduction
[2] Phasing

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