Reinsuring Clauses

Author: Ozlem Gurses
Publisher: Informa Publishing
ISBN: 9781843118893
Published In: November 2010
Format: Hardback , 312 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Reinsuring Clauses is concerned with:
- The legal nature of reinsurance agreements
- The means whereby terms of reinsurance policies can be derived or incorporated from underlying insurances
- The effect on reinsurance of judgments, awards and settlements against the reinsured
- The operation of claims provisions
Key Features of the book:
- Assistance with the drafting of reinsurance agreements - Providing guidance for the resolution of disputes arising from reinsurance contracts
- An explanation of the relationship between the claims provisions and the follow the settlements clause
- Clarification on the meaning of the clause “follow the fortunes”
- Provides an explanation of the similarities and dissimilarities between the US and London reinsurance markets with respect to the full reinsurance clause
- Gives an indication to an English audience of the difference between English law and the law of the various states of the US
Reinsuring Clauses is the first book specialising on the Full Reinsurance Clause with a comparative analysis of the law of US.
Chapter 1: Introduction to Reinsurance Contracts
1.1 Definition of Reinsurance
1.2 Reinsurance Contract Wordings
Chapter 2: The Nature of Facultative Reinsurance
2.1 The subject matter of reinsurance
2.2 The principle of back to back cover
Chapter 3: Incorporation and the Full Reinsurance Clause
3.1 Development of the theory of incorporation
3.2 Requirements for incorporation
3.3 Specific issues relating to incorporation
Chapter 4: The Presumption of Back-to-Back-Cover
4.1 Scope of the principle
4.2 Rebutting the presumption
4.3 Back-to-back cover and incorporation
4.4 Independent operation of the presumption
Chapter 5: The Reinsurers' Obligation to Make Payment
5.1 Establishing and quantifying the reinsured's liability
5.2 The trigger for the reinsurers' liability
5.3 'To pay as may be paid thereon'
5.4 Follow the settlements
5.5 Scope of obligation to follow settlements
5.6 Settlements
5.7 'Follow the form'
5.8 'Follow the fortunes'
5.9 Variations in wording: extending cover
5.10 Variations in wording: limiting cover
Chapter 6: Allocations
6.1 Pre-settlement and post-settlement allocations
6.2 Distinguishing settlement from allocation
6.3 Allocations altering the insured peril
6.4 Annualisation
Chapter 7: Claims Provisions
7.1 Claims co-operation clauses
7.2 Claims Control Clauses
7.3 Effects of breach
7.4 Loss of rights: waiver and estoppel
7.5 Discretionary provisions: limits of discretion
7.6 Inspection clauses
7.7 Reconciling follow the settlements clauses and claims provisions
7.8 Lawyer-client privilege

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