Legal Issues in Risk Management: A Policyholder's Guide

Legal Issues in Risk Management: A Policyholder's Guide is designed to help in-house counsel and risk managers understand important coverage issues being addressed in the courts and to handle problems that arise in connection with the pursuit of insurance claims.

Specifically, Legal Issues in Risk Management will help you:

• Identify legal issues that may have a negative impact on insurance coverage and recoveries
• Effectively address legal issues that may have a negative impact on insurance coverage and recoveries
• Develop strategies for pursuing insurance recoveries

Legal Issues in Risk Management can be used as a:

• Primer on major insurance coverages and important legal issues that relate to them
• How-to guide for addressing major legal issues and pursuing coverage claims
• Reference to case law and statutes on important coverage issues

In short, Legal Issues in Risk Management is the first and only guide to insurance risk management that is designed to assist in-house counsel and risk managers with the legal issues they face on a regular basis.

Legal Issues in Risk Management has been updated to include:

• A discussion of developments in duty to defend case law, including a look at what constitutes a “suit” under liability policies sufficient to trigger the duty to defend and an insurance company's obligation to defend its policyholder even where coverage could only exist upon a change in the applicable law
• An analysis of the potential effect of the "personal profit" exclusion on an insurance company's obligation under a D&O policy to defend a director or officer accused of wrongful gain
• An examination of the "contractual liability" exclusion in D&O policies
• An updated look at exhaustion issues and the potential for policyholders to settle away their excess insurance coverage
• Analyses of "additional insured" and "required parties" issues in Chinese drywall litigation
• A discussion of recent case law concerning the duties of insurance brokers to their policyholder clients

• 1. INSURANCE POLICY INTERPRETATION
  • Applicable Law
  • Insurance Policy Interpretation
• 2. LIABILITY INSURANCE
  • Conditions to Coverage
  • Defense Coverage
  • The Duty to Indemnify
• 3. DIRECTORS AND OFFICERS LIABILITY INSURANCE
  • Coverages
  • Claims-Made and Reported Coverage
  • Important Exclusions
  • Settlement Issues
  • Priority of Insureds for Payment
  • Issues Involving Excess Insurers
• 4. GENERAL LIABILITY INSURANCE
  • Occurrence-Based Coverage
  • Trigger of Coverage and Allocation Among Policy Periods
  • The Requirement of Damages
  • Bodily Injury Coverage
  • Property Damage
  • Umbrella and Excess Coverage
  • Product Liability Exclusions and Coverage
  • Pollution and Contamination - Exclusions and Coverages
  • Intellectual Property Liability
• 5. EMPLOYMENT PRACTICES LIABILITY INSURANCE
  • EPLI Coverage - In General
  • Definition of a "Claim"
  • The Duty to Defend or to Pay for Defense
  • “Consent to Settle” Clauses
  • Interrelated Wrongful Acts
  • Rescission
  • Fraudulent or Malicious Acts Exclusions
• 6. WORKERS COMPENSATION INSURANCE
  • The Historical Roots of Workers Compensation Insurance
  • The Different Types of Workers Compensation Insurance
  • Private Workers Compensation Insurance
  • The Workers Compensation Claims Process
  • The Most Common Legal Issues in Workers Compensation Claims
  • Workers Compensation Insurance as an Important Risk Management Tool
• 7. INSURING THE CONSTRUCTION PROJECT
  • Property Coverage for the Construction Project
  • Time Element Coverage for the Construction Project
  • Practice Summary for Property Insurance
  • Liability Coverage for the Construction Project
  • Specialized Coverages
  • Wrap-Up Programs
  • Professional Liability
  • The Construction Project Insurance Program
• 8. PROPERTY INSURANCE
  • All Risk vs. Named Peril Coverage
  • Insurable Interest in Property
  • Fortuity
  • Direct Physical Loss
  • Extent of Coverage for Property Loss; Actual Cash Value, Replacement Cost, or Repair or Replacement by Insurer
  • How Actual Cash Value is Measured
  • Exclusions and Anticoncurrent Causation Clauses
  • Flood Exclusions - The Wind vs. Flood Debate
  • Coinsurance
  • Time Element Coverages
  • Conditions - Procedural Hurdles to Coverage
• 9. MARINE AND AIR CARGO INSURANCE
  • Insurable Interest
  • The Policyholder's Obligations under a Marine Cargo Policy
  • Requisites for Recovery
  • Coverage Litigation
• 10. COUNSEL’S ROLE IN OBTAINING INSURANCE
  • Assuring Complete Disclosure
  • Analysis of New Policy Provisions
• 11. THE ROLE OF BROKER OR AGENT
  • Differences Between Brokers and Agents
  • Duties of Brokers and Agents to Policyholders
• 12. CORPORATE COUNSEL'S ROLE IN PURSUING COVERAGE CLAIMS
  • Legal Expertise IsNeeded for Evaluating and Presenting Large or Complex Claims
  • Practice Tips for Pursuing Coverage Claims
• 13. INSURER BAD FAITH
  • Duty of Good Faith and Fair Dealing
  • Statutory Bases for Bad Faith Liability
• 14. METHODS OF DISPUTE RESOLUTION
  • The Advantages and Disadvantages of Litigation and Arbitration
  • Litigation
  • Arbitration
  • Appraisal
• 15. INSURANCE ISSUES IN MERGERS, ACQUISITIONS, AND DIVESTITURES
  • The Due Diligence Process
  • Assignment of Policy Benefits by Operation of Law
• 16. CAPTIVE INSURANCE COMPANIES
  • What Is a Captive?
  • Types of Captives
  • Types of Insurance That May Be Issued by Captives
  • Oversight of Captives by the IRS
  • Case Law Developments Concerning Requirements for Captives: Risk Shifting
  • Case Law Developments Concerning Requirements for Captives: Risk Distribution
  • Other Tax Issues Relating to Captive Formation
  • General Tax Planning Points
  • Domicile
• Appendix A: State Late Notice Rules
• Appendix B: Insurance Bad Faith Statutes
• Table of Cases
• Table of Statutes