Principles of Insurance Law
The Third Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: • The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; • The continuing debate between “legal formalists” and “legal functionalists” for “the heart and soul” of insurance contract law; • What constitutes a policyholder’s “reasonable expectation” regarding coverage; • The current property and liability insurance “crisis”; • Risk management and self-insurance issues; • Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; • On-going interpretive battles over the preemptive scope of ERISA; • The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive’s power over foreign affairs; • The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; • New issues over the dividing line between “tangible” property typically covered under a property insurance policy and “intangible” property, which is typically excluded—an issue of increasing importance in the digital and cyber age; • Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; • The difficult-to-harmonize decisions concerning when a loss arises out of the “use” of an automobile; • Insurer bad faith and the availability, if any, of actions against a policyholder for “reverse bad faith”; and • The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction.
Newark, New Jersey
insurance contract law, self-insurance, ERISA, recovery of punitive damages, insurance bad faith claims, tangible property coverage, intangible property coverage, reverse bad faith
Contracts | Insurance Law
Stempel, Jeffrey W.; Fischer, Emeric; and Swisher, Peter Nash, "Principles of Insurance Law" (2004). Books. Book 20.