Insurance Coverage Disputes
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The authors explain in detail all aspects of litigating insurance coverage disputes, including: the varieties of policies and coverage; obligations of policyholders and insurers; and the nuts and bolts of proving or disproving coverage, from pretrial motions through settlement. Topics include: case management; venue; parties; justiciability; discovery disputes and privileged documents; insurance policy interpretation and construction; bad faith and extra-contractual claims; and the trial itself.
You'll find out about coverage for asbestos, natural disasters, environmental liability, business torts, products liability, employment practices, business interruption, toxic torts, and many other timely topics. There is also a series of ready reference charts summarizing the controlling law of each of the fifty states and the District of Columbia on a number of key liability insurance issues.
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Table of Contents
The Basic Types of Policies and Coverages
Duties of Policyholder and Insurer in Claims Submission and Handling
Preliminary Litigation Considerations
Choice of Law Issues in Insurance Coverage Litigation
Rules of Policy Interpretation and Construction
Establishing the Duty to Defend Under CGL Policies
Establishing the Duty to Indemnify Under CGL Policies
Common Exclusions and Defenses to Coverage under CGL Policies
Establishing Coverage Under Other Than CGL Policies and Special Provisions of CGL Policies
Bad Faith and Other Extracontractual Claims
Litigating Claims Against the London Market
Trial of the Coverage Case
Settlement of Coverage Claims
Insurance Coverage for Claims Arising Out of Sexual Molestation