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Reinsuring Clauses

Ozlem Gurses

ISBN13: 9781843118893
Published: November 2010
Publisher: Informa Law from Routledge
Country of Publication: UK
Format: Hardback
Price: £470.00
Paperback edition , ISBN13 9781032922546



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Also available as
eBook (ePub)
9781135134693
£270.00

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

Cover of Deferred Prosecution Agreements and Directors’ Liability
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Cover of Insurance, Climate Change and the Law
Insurance, Climate Change and the Law
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ISBN 9781032289595
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Informa Law from Routledge
£225.00
Cover of Insurance, Climate Change and the Law (eBook)
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Informa Law from Routledge
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Cover of The Law of Insurance Warranties: Flawed Reform and a New Perspective (eBook)
The Law of Insurance Warranties: Flawed Reform and a New Perspective (eBook)
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ISBN 9781000398519
Published January 2024
Informa Law from Routledge
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Cover of The Law of Insurance Warranties: Flawed Reform and a New Perspective
The Law of Insurance Warranties: Flawed Reform and a New Perspective
Alastair Owen
ISBN 9781032017365
Published January 2024
Informa Law from Routledge
£195.00
Cover of The Global Insurance Market and Change: Emerging Technologies, Risks and Legal Challenges (eBook)
The Global Insurance Market and Change: Emerging Technologies, Risks and Legal Challenges (eBook)
Edited by: Anthony A. Tarr, Julie-Anne Tarr, Maurice Thompson, Dino Wilkinson
ISBN 9781000953183
Published October 2023
Informa Law from Routledge
£290.00
(ePub)
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Cover of The Global Insurance Market and Change: Emerging Technologies, Risks and Legal Challenges
The Global Insurance Market and Change: Emerging Technologies, Risks and Legal Challenges
Edited by: Anthony A. Tarr, Julie-Anne Tarr, Maurice Thompson, Dino Wilkinson
ISBN 9781032298139
Published October 2023
Informa Law from Routledge
£280.00
Cover of The Law of Insurance Warranties: Flawed Reform and a New Perspective
The Law of Insurance Warranties: Flawed Reform and a New Perspective
Alastair Owen
ISBN 9780367468828
Published June 2021
Informa Law from Routledge
£220.00
Cover of The Law of Liability Insurance
The Law of Liability Insurance 2nd ed
Malcolm A. Clarke
ISBN 9780367736057
Published December 2020
Informa Law from Routledge
£300.00
Cover of The Law of Liability Insurance
The Law of Liability Insurance 2nd ed
Malcolm A. Clarke
ISBN 9781138209961
Published July 2017
Informa Law from Routledge
£400.00
Cover of Chinese Insurance Contracts
Chinese Insurance Contracts
Zhen Jing
ISBN 9780415743280
Published December 2016
Informa Law from Routledge
£375.00
Cover of Systemic Risk and the Future of Insurance Regulation (eBook)
Systemic Risk and the Future of Insurance Regulation (eBook)
Edited by: Andromachi Georgosouli, Miriam Goldby
ISBN 9781317799962
Published August 2015
Informa Law from Routledge
Out of print
Cover of Systemic Risk and the Future of Insurance Regulation
Systemic Risk and the Future of Insurance Regulation
Edited by: Andromachi Georgosouli, Miriam Goldby
ISBN 9780415744676
Published August 2015
Informa Law from Routledge
£240.00
Cover of The Law of Liability Insurance
The Law of Liability Insurance
Malcolm A. Clarke
ISBN 9780415830560
Published July 2013
Informa Law from Routledge
Out of print
Cover of Reinsuring Clauses (eBook)
Reinsuring Clauses (eBook)
Ozlem Gurses
ISBN 9781135134693
Published November 2010
Informa Law from Routledge
£270.00
(ePub)
Buy
Cover of Insurance Law and the Financial Ombudsman Service (eBook)
Insurance Law and the Financial Ombudsman Service (eBook)
Judith Summer
ISBN 9781135117252
Published October 2010
Informa Law from Routledge
£400.00
(ePub)
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Cover of Insurance Law and the Financial Ombudsman Service
Insurance Law and the Financial Ombudsman Service
Judith Summer
ISBN 9781843119029
Published October 2010
Informa Law from Routledge
£400.00
Cover of Reforming Marine and Commercial Insurance Law (eBook)
Reforming Marine and Commercial Insurance Law (eBook)
Edited by: Baris Soyer
ISBN 9781000285888
Published November 2008
Informa Law from Routledge
Out of print
Cover of Reforming Marine and Commercial Insurance Law
Reforming Marine and Commercial Insurance Law
Edited by: Baris Soyer
ISBN 9781843117742
Published November 2008
Informa Law from Routledge
£325.00
Cover of Directors' and Officers' Liability Insurance (eBook)
Directors' and Officers' Liability Insurance (eBook)
Adolfo Paolini, Deepak Nambisan
ISBN 9781000341430
Published October 2008
Informa Law from Routledge
Out of print
Cover of Directors' and Officers' Liability Insurance
Directors' and Officers' Liability Insurance
Adolfo Paolini, Deepak Nambisan
ISBN 9781843116301
Published October 2008
Informa Law from Routledge
£400.00
Cover of Compendium of Insurance Law (eBook)
Compendium of Insurance Law (eBook)
Robert Merkin, Johanna Hjalmarsson
ISBN 9781135135539
Published November 2007
Informa Law from Routledge
Out of print
Cover of Compendium of Insurance Law
Compendium of Insurance Law
Robert Merkin, Johanna Hjalmarsson
ISBN 9781843117018
Published November 2007
Informa Law from Routledge
£550.00
Cover of Private International Law of Reinsurance and Insurance
Private International Law of Reinsurance and Insurance
Raymond Cox, Louise Merrett, Smith Marcus
ISBN 9781843115328
Published December 2006
Informa Law from Routledge
£400.00
Cover of Private International Law of Reinsurance and Insurance (eBook)
Private International Law of Reinsurance and Insurance (eBook)
Raymond Cox, Louise Merrett, Smith Marcus
ISBN 9781000341416
Published December 2006
Informa Law from Routledge
Out of print
Cover of All Risks Property Insurance
All Risks Property Insurance 2nd ed
John Hanson, Christopher Henley
ISBN 9781859786055
Published October 1999
Informa Law from Routledge
Out of print
Cover of Systemic Risk and the Future of Insurance Regulation
Systemic Risk and the Future of Insurance Regulation
Andromachi Georgosouli, Miriam Goldby
ISBN 9780367737870

Informa Law from Routledge
£175.00