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Reinsuring Clauses


ISBN13: 9781032922546
To be Published: October 2024
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £270.00
Hardback edition , ISBN13 9781843118893



The book provides a comparative English/US law study of the operation of facultative reinsurance contracts. Most of the reinsurance litigation in England and the US has involved this type of contract, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant.

The book is concerned with:

  • The legal nature of reinsurance agreements
  • The means whereby terms of reinsurance policies can be derived or incorporated from underlying insurances
  • The effect on reinsurance of judgments, awards and settlements against the reinsured
  • The operation of claims provisions

Subjects:
Insurance Law, Shipping, Transport and Maritime Law
Contents:
Chapter 1: Introduction to Reinsurance Contracts
1.1 Definition of Reinsurance
1.2 Reinsurance Contract Wordings
Chapter 2: The Nature of Facultative Reinsurance
2.1 The subject matter of reinsurance
2.2 The principle of back to back cover
Chapter 3: Incorporation and the Full Reinsurance Clause
3.1 Development of the theory of incorporation
3.2 Requirements for incorporation
3.3 Specific issues relating to incorporation
Chapter 4: The Presumption of Back-to-Back-Cover
4.1 Scope of the principle
4.2 Rebutting the presumption
4.3 Back-to-back cover and incorporation
4.4 Independent operation of the presumption
Chapter 5: The Reinsurers' Obligation to Make Payment
5.1 Establishing and quantifying the reinsured's liability
5.2 The trigger for the reinsurers' liability
5.3 'To pay as may be paid thereon'
5.4 Follow the settlements
5.5 Scope of obligation to follow settlements
5.6 Settlements
5.7 'Follow the form'
5.8 'Follow the fortunes'
5.9 Variations in wording: extending cover
5.10 Variations in wording: limiting cover
Chapter 6: Allocations
6.1 Pre-settlement and post-settlement allocations
6.2 Distinguishing settlement from allocation
6.3 Allocations altering the insured peril
6.4 Annualisation
Chapter 7: Claims Provisions
7.1 Claims co-operation clauses
7.2 Claims Control Clauses
7.3 Effects of breach
7.4 Loss of rights: waiver and estoppel
7.5 Discretionary provisions: limits of discretion
7.6 Inspection clauses
7.7 Reconciling follow the settlements clauses and claims provisions
7.8 Lawyer-client privilege

Series: Lloyd's Insurance Law Library

Lloyds: Law and Practice 2nd ed ISBN 9781138678804
To be published July 2026
Informa Law from Routledge
£325.00
Private International Law of Reinsurance and Insurance 2nd ed ISBN 9781138796690
To be published December 2025
Informa Law from Routledge
£280.00
The Law of Insurance Broking and Insurance Brokerage Firms ISBN 9781138639232
To be published August 2025
Informa Law from Routledge
£200.00
Directors' and Officers' Liability Insurance 2nd ed ISBN 9781138840317
To be published June 2025
Informa Law from Routledge
£290.00
Insurance Disputes ISBN 9781032917375
To be published October 2024
Informa Law from Routledge
£325.00
Good Faith and Insurance Contracts ISBN 9781032917467
To be published October 2024
Informa Law from Routledge
£300.00
Insurance Law and the Financial Ombudsman Service ISBN 9781032919751
To be published October 2024
Informa Law from Routledge
£230.00
Lloyd's: Law and Practice ISBN 9781032918150
To be published October 2024
Informa Law from Routledge
£270.00
The Law of Compulsory Motor Vehicle Insurance ISBN 9781032177564
Published September 2021
Informa Law from Routledge
£115.00
The Law of Compulsory Motor Vehicle Insurance ISBN 9781138000674
Published August 2019
Informa Law from Routledge
£260.00
Good Faith and Insurance Contracts 4th ed ISBN 9781138280403
Published December 2017
Informa Law from Routledge
£500.00
Lloyds: Law and Practice (eBook) ISBN 9781134501502
Published September 2013
Informa Law from Routledge
Price on Application
(ePub)
Buy
Lloyds: Law and Practice ISBN 9781843119555
Published September 2013
Informa Law from Routledge
£450.00
Insurance Disputes 3rd ed (eBook) ISBN 9781000341393
Published December 2011
Informa Law from Routledge
£550.00
(ePub)
Buy
Insurance Disputes 3rd ed ISBN 9781843119579
Published December 2011
Informa Law from Routledge
£550.00
Reinsurance Practice and the Law ISBN 9781843117964
Published November 2009
Informa Law from Routledge
Out of print
The Law of Insurance Contracts 6th ed ISBN 9781843118435
Published October 2009
Informa Law from Routledge
Out of print
Publication Abandoned