New Appleman Insurance Law Practice Guide

Indispensable research tool with step-by-step guidance and expert strategies on each phase of an insurance coverage dispute.
Publisher: LexisNexis

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2019 Edition
ISBN: 9781522151975
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2019 Edition
ISBN: 9781522169154
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2019 Edition
ISBN: 9781522169154
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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 eBook versions of this title feature links to Lexis Advance for further legal research options.

Authors / Contributors

Table of Contents

VOLUME 1 COVERAGE ANALYSIS AND PRELITIGATION PROCEDURES

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

VOLUME 2 COVERAGE LITIGATION

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 Privilege and Work Product Protection
Chapter 20 Conducting Discovery
Chapter 21 The Use of Experts in Litigation
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

VOLUME 3 SEPARATE LINES OF INSURANCE

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 33A Understanding Flood Insurance
Chapter 34 Understanding Life Insurance
Chapter 35 Understanding Disability Insurance
Chapter 36 Understanding Title Insurance
Chapter 37 Understanding Directors' and Officers' Liability Insurance

VOLUME 4 SEPARATE LINES OF INSURANCE

Chapter 38 Understanding Errors and Omissions Insurance
Chapter 39 Understanding Multiple Insurer Situations
Chapter 40 Understanding Reinsurance
Chapter 41 Understanding Employment Practices 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
Chapter 48 Understanding Pre-1993 London Market Policies
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 Applicability of Anti-Concurrent Clauses to Losses
Appendix 5 Automobile Step-Down Provisions
Appendix 6 Choice of Law Rules
Appendix 7 Tripartite Relationship and Disqualification of Counsel Appointed by Insurer
Appendix 8 Duty to Defend–Proof by Extrinsic Evidence
Appendix 9 Expert Testimony in Insurance Litigation–Ambiguous Terms
Appendix 10 Intellectual Property Exclusions
Appendix 11 Horizontal or Vertical Exhaustion of Coverage
Appendix 12 Insurability of Punitive Damages
Appendix 13 "At Issue" Insured's Right to Independent Counsel
Appendix 14 Insurer's Right to Defend and Independent Counsel
Appendix 15 Intended or Expected Harm Policy Exclusion
Appendix 16 Late Notice
Appendix 17 Recoupment of Defense and Indemnity Costs
Appendix 18 Third-Party "Bad Faith" Claims
Appendix 19 The Doctrine of Reasonable Expectations
Appendix 20 Triggers of Liability Coverage Under Comprehensive General Liability Policies
Index