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Couch on Insurance, 3d

By Steven Plitt, Daniel Maldonado, Joshua D Rogers, Lee R Russ, Thomas F Segalla

The definitive resource on insurance and insurance law-now completely rewritten and reorganized.

This new edition reflects law and practices governing insurance issues today. It offers definitive treatment on practically all types of insurance, including life, property, health and accident, liability and indemnity, automobile, fidelity guarantee, contract guarantee, group, reinsurance, annuities, governmental life and disability, ERISA, and COBRA. Timely topics in the insurance industry are addressed, as well as insurance contracts, risks covered, and representations and warranties. Being newly rewritten and reorganized by Steven Plitt, Daniel Maldonado, and Joshua D. Rogers, who maintain an insurance litigation practice with Kunz, Plitt, Hyland, Demlong and Kleifield in Phoenix, the sucessor authors are experienced trial attorneys and experts in the insurance field.

Features & Benefits:

  • Provides complete coverage of every phase of insurance law-substantive, procedural, state, federal, case, and statutory
  • All aspects of law are combined with detailed case analyses from federal and state jurisdictions
  • Applicable rules of law are illustrated with fact situations indicating where the rule does or does not apply
  • Incorporates features and topics not previously available, as well as insightful practice commentary and analytical discussion
  • On-point illustrations indicate how the law has-or has not-been applied in specific instances

Format: Binder/Looseleaf
Components: Print 30
Product Number: 13512746
Price: $5,083.00
Price subject to change without notice.
November 07, 2012

To order online: Click here

Summary/Table of Contents:

Part I. The Insurance Industry and Insurance Relationships

  • Regulation of Insurance, Generally
  • Regulations Relating Specifically to Foreign Insurers
  • Application of Specific Statutes to Insurance Merger, Insolvency, and Similar Changes to Insurer's Identity or Operations
  • Rights of Policyholders, Creditors, and Other Claimants upon Insurer's Insolvency
  • Group Insurance
  • Reinsurance
  • Other Special Insurance Relationships

Part II. The Insurance Contract

  • The Application
  • Prepayment of Premiums as Requirement for Coverage
  • Temporary Insurance and Parol Contracts
  • Execution and Delivery of Policy
  • Delivery to Insured During Good Health
  • Acceptance of Policy
  • Formation and Requisites of Agreement
  • The Application, Riders, and Other Writings, as Part of the Contract
  • Various Laws as Part of the Contract
  • Description of the Subject Matter
  • Threshold Principles
  • Rules of Construction
  • Severability of the Contract
  • Law Governing the Insurance Contract
  • Modifications
  • Renewal of Policy
  • Cancellation and Rescission
  • Revival and Reinstatement of Policy
  • Assignment of Policy
  • Gift of Policy

Part III. Parties Involved in or Affected by Contract

  • The Insurer
  • The Insured
  • Insurable Interest: General Principles
  • Sources and Extent of Insurable Interest in Property
  • Sources of Insurable Interest in Life Insurance
  • Creation and Termination of Agency Relationship for Insurance Purpose
  • Brokers, Agents, and Similar Parties as Representing Insurer or Insured
  • Duties and Liabilities Respecting Insured's Agents
  • Statutory Regulation of Insurer's Agents
  • Insurer's Agents

Part IV. Premiums, Dividends, and Loans

  • Insurer's Agents
  • Definition and Status of Beneficiaries; Nature of Interest
  • Selection and Designation of Beneficiary; Class Beneficiaries
  • Change of Beneficiary Designation
  • Payment of Proceeds
  • Federal Tax Aspects of Insurance Coverage and Proceeds
  • Right to Proceeds Based on Marital or Family Relationships
  • Rights of Claimants by Virtue of Secured Debt Relationship: Mortgage, Deed of Trust, or Security Agreement
  • Rights of Claimants by Virtue of Other Debt Relationship: Unsecured, Judgment, and Lien Creditors
  • Rights of Claimants by Virtue of Trust or Devise
  • Rights of Claimants by Virtue of Other Status or Relationship
  • Nature and Definition of Premiums; Rates
  • Assessments and Dues
  • Notice Requirements for Premiums and Assessments
  • Payment of Premiums and Assessments
  • Liability For, or In Connection With, Payment; Liens and Similar Enforcement
  • Premiums and Assessments: Defenses and Excuses for Nonpayment
  • Forfeiture for Nonpayment
  • Return of Premiums
  • Policy Loans and Dividends

Part V. Representations, Warranties, Conditions, and Concealment General Principles, Relationship of Concepts

  • Representations; Generally
  • Warranties and Conditions, Generally
  • Concealment, Generally Waiver and Estoppel as to Breach; Effect of Insurer's Actions
  • Specific Representations, Warranties, and Conditions

Part VI. Risks and Activities Covered by Insurance Policy

  • Introductory Concepts of the Risk; Public Policy, Insurability, and Causation
  • Time of Loss as Within Period of Coverage
  • General Concepts of Liability Insurance
  • Right of Direct Action Against Insurer including Conditions Precedent to the Action, "No-Action" Clauses, Defenses and Practice and Procedure
  • All Aspects of Automobile Liability Insurance and related Coverages
  • All Other Liability Policies and Coverages Including Basic Risk and Loss Provisions Common to Policies
  • Pollution, Assaults, and Other Specific Risks Relevant to Both Commercial and Personal Liability Insurance
  • Homeowners' and Farmowners' Liability Policies
  • Commercial General Liability Policies
  • Policies Specifically Addressing Certain Types of Commercial Enterprises: Manufacture, Sale, and Distribution of Goods
  • Policies Specifically Addressing Certain Types of Commercial Enterprises: Physicians, Attorneys, Officers and Directors, and Similar Professionals
  • Policies Specifically Addressing Other Types of Commercial Enterprises
  • All Aspects of Workers' Compensation
  • Particular Disabilities and Causes of Injury or Disability
  • Marine Insurance Risks
  • Life Insurance Contracts
  • All Aspects of Accident Insurance
  • Medical Insurance
  • Disability Insurance
  • All Aspects of Property Insurance Including Fire, Explosion, Burglary, Theft, Larceny, War, Riot, Civil Disturbance, Terrorism, Forces of Nature, Inherent Vice or Latent Defect, Defective Design, Carriage, Storage, Other Bailment of Property, Inland Marine Policies and Miscellaneous Other Property Coverages and Provisions
  • Automobile Property Insurance
  • Medical Payments Provisions in Automobile and Other Liability Pol
  • Title Insurance
  • All Aspects of Fidelity, Surety and Guarantee Agreements Insurance
  • Loss of Business, Revenue, Profits, or Use; Credit; Miscellaneous Types of Insurance

Part VII. Amount of Loss and Recovery

  • All Aspects of Combining or Stacking of Coverages
  • Uninsured/Underinsured Motorist, No-Fault/Personal Injury Protection, and State Indemnity Fund Coverages
  • Loss and Recovery Doctrine Related to General Liability Insurance, Workers' Compensation, Property Insurance, Life Insurance, Medical Insurance, Disability, Inland Marine, Bonds, Business Interruption, Fidelity, Title, and Other Miscellaneous Types Of Insurance

Part VIII. Post-Loss Rights & Duties; Adjustment of Loss

  • General Principles of Post-Loss Duties
  • All Aspects of Notice Including Actual and Constructive Notice, Form and Delivery,
  • Content of Notice and Proof of Delivery
  • All Aspects of Time Requirements Including Introduction and General Principles, Trigger of Obligation, Excuses for Noncompliance, Effect of Noncompliance and the Role of Prejudice,
  • All Aspects of Waiver and Estoppel Including Introduction, Recognition of Claim, Liability, and the Like, Other Acts, Statements and Circumstances
  • Insurer's Rights as to Investigation of Claim
  • Insured's Fraud, False Swearing, Concealment, and the Like
  • Duty of "Good Faith;" Obligations to Investigate and Disclaim Coverage
  • Duty to Cooperate; Duty to Notify of Suit and Forward Suit and Related Papers
  • Insurer's Duty to Defend: Nature, Commencement, and Termination
  • Insurer's Duty to Defend: Sufficient Likelihood of Coverage Under Policy To Require Defense Under Particular Circumstances
  • Insurer's Duty to Defend: Options, Response, and Effects
  • Duty to Settle or Compromise Claims
  • Insurer's Liability For Denial of Coverage For, or Duty To Defend Against, Third-Party Claims
  • Insurer's Liability for Settling or Failing to Settle Third-Party Claims
  • Insurer's Liability Related to Delayed Payment or Nonpayment of First-Party Claims
  • Liability of Insurer For Other Activities; Liability of Other Entities

Part IX. Adjustment of Disputed Claims

  • All Aspects of Arbitration, Appraisal, or Submission Agreements Including Arbitrators, Appraisers and Proceedings, Issues Subject to Arbitration, The Award and Objections To It, Arbitration Issues Specific to Uninsured Motorist and No-Fault Plans
  • Compromises, Settlements, and Accord and Satisfactions
  • Releases

Part X. Contribution to, and Apportionment of, Loss

  • Rate, Amount and Indemnification for Entire Loss
  • Requisites of Contribution; Limiting Factors
  • "Other Insurance" Clauses
  • Special Apportionment Problems: Loss Involving Coinsurance With Insured, Sequential Insurers, Excess Insurers, and Medical Insurers With Coordination of Benefits Clause
  • General Average Allocation in Marine Insurance

Part XI. Insurers' Rights to Subrogation, Reimbursement, or Other Recovery of Payments

  • Introduction: Nature and Types of Subrogation; Relationship to Other Concepts
  • Basic Elements of Subrogation; Amounts Recoverable
  • Limitations on, Impairment of, and Defenses to Subrogation
  • Subrogation Recovery Under Uninsured Motorist Insurance, No-Fault, Workers' Compensation, Marine Insurance, and Surety/Fidelity Arrangements
  • Recovery From Insured/Beneficiary Under Theories of Reimbursement, Recoupment, and The Like

Part XII. Practice and Procedure in Insurance Litigation

  • Parties--Introduction; Subrogation Actions All Aspects of Jurisdiction and Venue Including State Proceedings, Federal Proceedings, Removal From State Court, and Service of Process
  • Costs, Fees, and Sanctions in Actions Related to Insurance
  • All Aspects of Limitation of Actions Including Statutory Limitations Periods, Contractual Limitation Periods, Commencement and Computation of Period, Tolling or Interruption of Limitation Period and Waiver and Estoppel
  • Other Defenses
  • The Incontestability Defense
  • All Aspects of Parties Including Subrogation Actions, Actions for Benefits, Other Particular Actions, Joinder, Impleader and Intervention,
  • All Aspects of Pleading Including the General Principles of Pleading, Defects and Cures, Specific Matters Related to Insurance Policy and Rights and Obligations Under It,
  • Conduct of a Trial and Instructions to Jury
  • Termination of Proceedings, Continuance, Dismissal, Verdict and Judgment
  • Attack on Judgment or Verdict and Appeals
  • All Aspects of Discovery and Evidence Including the Types of Evidence and Basic Rules of Relevancy, Privileged Information, Pretrial Discovery, Testimonial Evidence, Other Types Of Evidence, Burden and Standard of Proof, Presumptions, Admissions, Judicial Notice and Proof of Particular Facts