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Extra-Contractual Litigation Against Insurers
By Mark H. Rosenberg, Michael R. Nelson and Robert T. Horst
Publisher: ALM
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Claims against insurers have multiplied over the past few decades, as have the strategies of plaintiffs. Extra-Contractual Litigation Against Insurers is a comprehensive guide to new theories used in insurance litigation. It examines both the legal underpinnings of novel causes of action and the practical aspects of bringing claims and defending against them.
Topics covered include: the insurer's third-party bad faith in refusing to settle; first-party bad faith in refusing to pay benefits; bad faith claims involving specific lines of insurance; common law claims; unfair claims settlement practices; alternative theories of liability, such as unjust enrichment; and more.
The authors provide a detailed discussion of trial tactics, covering each phase of trial from commencing an action through discovery, evidentiary rulings, jury instructions, verdict and damages. Extra-Contractual Litigation Against Insurers provides insights on strategies that will benefit all practitioners in this area. No matter which side you're on, this book will help you assess the viability of a claim and represent your clients effectively.
Topics covered include: the insurer's third-party bad faith in refusing to settle; first-party bad faith in refusing to pay benefits; bad faith claims involving specific lines of insurance; common law claims; unfair claims settlement practices; alternative theories of liability, such as unjust enrichment; and more.
The authors provide a detailed discussion of trial tactics, covering each phase of trial from commencing an action through discovery, evidentiary rulings, jury instructions, verdict and damages. Extra-Contractual Litigation Against Insurers provides insights on strategies that will benefit all practitioners in this area. No matter which side you're on, this book will help you assess the viability of a claim and represent your clients effectively.
Table of Contents
CHAPTER 1
Introduction
CHAPTER 2
Theories of Extra-Contractual Liability Frequently Litigated
CHAPTER 3
Bad Faith Claims
CHAPTER 4
Pleadings
CHAPTER 5
Damages and Other Remedies
CHAPTER 6
Defenses to Extra-Contractual Claims: Theories, Parties, and Witnesses
CHAPTER 7
Discovery
CHAPTER 8
Evidence
CHAPTER 10
Summary Judgment
CHAPTER 11
Trial
CHAPTER 12
Appellate Standard of Review
Appendix
Table of Abbreviations
Index
