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2017 Edition
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The 2017 Edition of the New Appleman Insurance Law Practice Guide is the indispensable research tool that provides step-by-step guidance on each phase of an insurance coverage dispute along with strategies written by expert practitioners that help you win.

Written from policyholder, insurer and judicial perspectives, this unique four-volume set combines savvy procedural guidance and authoritative analysis of the law. The task-based format is designed to fit comfortably into your work flow and guides you through how to analyze an insurance policy, determine the merits of a coverage dispute and then whether and how to successfully arbitrate, mediate, settle, sue, or defend. It helps you understand pertinent procedural rules and strategies as well as the substantive law applicable to all major insurance lines, including new analyses of intellectual property insurance, cyber insurance and personal and advertising injury coverage.

Eighty expert authors, consultants and editors constituting many of the leading authorities in insurance law today contributed to this publication. The New Appleman Insurance Law Practice Guide features a variety of practice tips throughout the publication, including strategic points, timing requirement, warnings, traps to avoid and more. It also features hundreds of examples, over 200 checklists and dozens of forms to aid all phases of insurance coverage dispute practice. There are abundant sample searches and cross references that take you to pertinent ISO forms, and LexisNexis insurance and civil procedure publications to enable deeper research and facilitate finding answers to the most complex insurance coverage questions.

You'll find authoritative and practical coverage throughout the guide's 49 chapters and numerous appendices, comparing the positions of the 50 states on decisive insurance coverage issues. The publication is also available electronically on

Authors / Contributors

Table of Contents


Chapter 1 Introduction to Insurance

Chapter 2 Insurance Agent and Broker Liability

Chapter 3 Reading Insurance Policies

Chapter 4 Analyzing Insurance Policies

Chapter 5 Applying Doctrines to Override Policy Interpretation Principles

Chapter 6 Understanding Bad Faith

Chapter 7 Researching Insurance Coverage

Chapter 8 Assessing Insurance Coverage

Chapter 8A Drafting Coverage Opinions

Chapter 9 Determining the Duties of the Insured

Chapter 10 Tendering the Claim

Chapter 11 Determining the Insurer's Response

Chapter 11A Considering the Duty to Defend

Chapter 12 Adjusting and Handling Insurance Claims

Chapter 13 Class Certification Requirements in Insurance Class Action


Chapter 14 Initiating Insurance Coverage Litigation

Chapter 15 Drafting the Complaint

Chapter 16 Managing the Relationship Between the Coverage Case and
Underlying Litigation

Chapter 17 Drafting the Answer and Affirmative Defenses

Chapter 18 Determining Whether to File Pre-Discovery Motions

Chapter 19 Applying Attorney-Client and Work Product Privileges

Chapter 20 Conducting Discovery

Chapter 21 Expert Witness Discovery

Chapter 22 Determining Whether to File Motions for Summary Judgment and
Summary Adjudication

Chapter 23 Settling Insurance Coverage Disputes

Chapter 24 Considerations Involved in Settlement of the Underlying Case

Chapter 25 Considering Alternative Dispute Resolution

Chapter 26 Strategies for Trial

Chapter 27 Post-Judgment Motions and Deciding Whether to Appeal

Chapter 28 Insurance Guaranty Fund Principles


Chapter 29 Spotting Issues in Particular Practice Areas

Chapter 29A Understanding Excess Insurance and Umbrella Coverage

Chapter 30 Understanding Liability Insurance

Chapter 30A Understanding Construction Insurance

Chapter 30B Understanding Product Liability Insurance

Chapter 31 Understanding Commercial Property Insurance

Chapter 32 Understanding Automobile Insurance

Chapter 33 Understanding Homeowner's Insurance

Chapter 34 Understanding Life Insurance

Chapter 35 Understanding Disability Insurance

Chapter 36 Understanding Title Insurance

Chapter 37 Understanding Directors' and Officers' Liability Insurance


Chapter 38 Understanding Errors and Omissions Insurance

Chapter 39 Understanding Multiple Insurer Situations

Chapter 40 Understanding Reinsurance

Chapter 41 Understanding Employment Practice Liability Insurance

Chapter 42 Understanding Environmental Insurance

Chapter 43 Understanding Personal Injury and Advertising Liability Coverage

Chapter 44 Understanding Intellectual Property Insurance

Chapter 45 Understanding Cyber Insurance Liability Coverage

Chapter 46 Understanding Marine Insurance

Chapter 47 Understanding Inland Marine Insurance

Appendices: Insurance Multi-Jurisdictional Surveys with Analysis

Appendix 1 "At Issue" Waiver of Attorney-Client Privilege

Appendix 2 Absolute Pollution Exclusion

Appendix 3 Allocation of Indemnity

Appendix 4 Absolute Pollution Endorsement

Appendix 5 Applicability of Anti-Concurrent Clauses to Losses

Appendix 6 Automobile Step-Down Provisions

Appendix 7 Choice of Law Rules

Appendix 8 Disqualification of Counsel Appointed by Insurer

Appendix 9 Duty to Defend–Proof by Extrinsic Evidence

Appendix 10 Expert Testimony in Insurance Litigation–Ambiguous Terms

Appendix 11 Extrinsic Evidence of Insurer's Duty to Defend\

Appendix 12 Horizontal or Vertical Exhaustion of Coverage

Appendix 13 Insurability of Punitive Damages

Appendix 14 "At Issue" Insured's Right to Independent Counsel

Appendix 15 Insurer's Right to Defend and Independent Counsel

Appendix 16 Intended or Expected Harm Policy Exclusion

Appendix 17 Late Notice

Appendix 18 Recoupment of Defense and Indemnity Costs

Appendix 19 Third-Party "Bad Faith" Claims

Appendix 20 The Doctrine of Reasonable Expectations

Appendix 21 Triggers of Liability Coverage Under Comprehensive General Liability Policies