Chapter 1 INTRODUCTION TO INSURANCE
I. OVERVIEW
II. UNDERSTANDING RISK MANAGEMENT
III. UNDERSTANDING BASIC INSURANCE CONCEPTS.
IV. CONSIDERING THE VARIOUS PRIMARY LINES OF INSURANCE.
V. CONSIDERING REINSURANCE
VI. CONSIDERING THE INSURANCE INDUSTRY AND ITS REGULATION

Chapter 2 INSURANCE AGENT AND BROKER LIABILITY
I. OVERVIEW
II. DETERMINING INTERMEDIARIES’ DUTIES.
III. GENERAL CONSIDERATIONS CONCERNING INTERMEDIARIES’ LIABILITY TO INSUREDS
IV. INTERMEDIARIES’ LIABILITY TO INSUREDS FOR SPECIFIC ACTS
V. THE LIABILITY OF INTERMEDIARIES TO INSURERS OR OTHER INTERMEDIARIES
VI. INDEMNITY OF INSURERS BY INTERMEDIARIES
VII. EXPERT TESTIMONY IN INSURANCE AGENT AND BROKER CASES

Chapter 3 READING INSURANCE POLICIES
I. OVERVIEW
II. CONSIDERING INSURANCE ARCHITECTURE
III. CONSTRUING COVERAGE
IV. CONSIDERING THE GRANT OF INSURANCE COVERAGE
V. CONSIDERING EXCLUSIONS IN THE INSURANCE POLICY
VI. CONSIDERING CONDITIONS IN THE INSURANCE POLICY
VII. CONSIDERING ENDORSEMENTS IN THE INSURANCE POLICY

Chapter 4 ANALYZING INSURANCE PRODUCTS
I. OVERVIEW
II. POLICY CONSTRUCTION PERSPECTIVES: SHIFTING BURDENS OF PROOF AND PERSUASION
III. ANALYZING CHOICE OF LAW ISSUES
IV. ANALYZING INSURANCE POLICY PROVISIONS

Chapter 5 APPLYING DOCTRINES TO OVERRIDE POLICY INTERPRETATION PRINCIPLES
I. OVERVIEW
II. APPLYING PERTINENT PUBLIC POLICIES
III. APPLYING PERTINENT EQUITABLE PRINCIPLES

Chapter 6 UNDERSTANDING BAD FAITH
I. OVERVIEW
II. CONSIDERING BASIC TENETS OF BAD FAITH
III. WHAT IS BAD FAITH?
IV. CONSIDERING EXAMPLES OF BAD FAITH
V. CONSIDERING THE ROLE OF EXPERTS IN BAD FAITH CASES
VI. CONSIDERING THE DEFENSES TO BAD FAITH ALLEGATIONS
VII. CONSIDERING INSURER’S AGENTS’ AND ATTORNEYS’ ACTIONS IN THE CONTEXT OF BAD FAITH ALLEGATIONS
VIII. WHO MAY BRING BAD FAITH CLAIMS?
IX. CONSIDERING DAMAGES RECOVERABLE IN BAD FAITH CASES
X. CONSIDERING REVERSE BAD FAITH

Chapter 7 RESEARCHING INSURANCE COVERAGE
I. OVERVIEW
II. UNIQUE CONTRACT WITH MULTI-PARTY CHARACTERISTICS
III. FRAMING THE QUESTION
IV. MARSHALLING FACTS
V. SOURCES OF POLICY LANGUAGE
VI. SEARCHING FOR AUTHORITIES AND PERSUASIVE ANALYSIS
VII. ORGANIZING AUTHORITY LOCATED BY SEARCH INTO DECISION, ARGUMENT OR ADVICE.
VIII. CONFRONTING CONTRARY CASES

Chapter 8 ASSESSING INSURANCE COVERAGE
I. OVERVIEW
II. STEP ONE: INVESTIGATE THE CLAIMS FOR WHICH COVERAGE IS SOUGHT
III. STEP TWO: CONSIDER CLIENT’S OBJECTIVES
IV. STEP THREE: QUANTIFY VALUE OF CLAIMS
V. STEP FOUR: EVALUATE LIKELY RECOVERY

Chapter 9 DETERMINING THE DUTIES OF THE INSURED
I. OVERVIEW
II. SOURCES OF INSURED’S DUTIES
III. SATISFYING DUTY TO NOTIFY INSURER OF LOSSES, “OCCURRENCES” AND CLAIMS
IV. SATISFYING “SUIT LIMITATION” CLAUSES IN FIRST-PARTY POLICIES
V. SATISFYING INSURED’S DUTY TO COOPERATE
VI. COMPLY WITH CONSENT-TO-INCUR-DEFENSE COSTS AND CONSENT TO SETTLE CLAUSES
VII. COMPLYING WITH DUTY TO PRESERVE PROPERTY
VIII. COMPLYING WITH DUTY TO PRESERVE EVIDENCE.
IX. COMPLYING WITH DUTY TO PRESERVE INSURER’S SUBROGATION RIGHTS
X. CONSEQUENCES OF FAILURE TO PAY PREMIUM
XI. FORMS

Chapter 10 TENDERING THE CLAIM
I. OVERVIEW
II. UNDERSTANDING TENDER
III. TENDERING LIABILITY CLAIMS—WHEN, HOW, AND TO WHOM
IV. CONSIDERING CONSEQUENCES OF FAILURE TO TENDER
V. CONSIDERING TARGETED TENDER
VI. RE-TENDERING CLAIM OR SUIT AFTER INSURER HAS DENIED COVERAGE
VII. FORMS

Chapter 11 DETERMINING THE INSURER'S RESPONSE
I. OVERVIEW
II. INSURER'S OBLIGATIONS IN RESPONDING TO CLAIM
III. INSURER'S OPTIONS IN RESPONDING TO CLAIM

Chapter 11A CONSIDERING THE DUTY TO DEFEND
I. OVERVIEW
II. UNDERSTANDING THE SOURCE AND NATURE OF THE DUTY TO DEFEND
III. PREREQUISITES FOR THE DUTY TO DEFEND AND DETERMINING WHEN THE DUTY ARISES
IV. DETERMINING WHETHER THE DUTY TO DEFEND EXISTS
V. UNDERSTANDING ESSENTIAL DUTY TO DEFEND PRINCIPLES
VI. UNDERSTANDING HOW THE DUTY TO DEFEND MAY BE SHARED AMONG
OTHER PRIMARY INSURERS AND, POTENTIALLY, THE INSURED
VII. UNDERSTANDING WHEN THE DUTY TO DEFEND TERMINATES
VIII. DETERMINING DAMAGES AND OTHER POTENTIAL CONSEQUENCES OF BREACH OF DUTY TO DEFEND
IX. CONSIDERING INSURER'S RIGHT TO RECOUPMENT OF DEFENSE COSTS
X. FORMS

Chapter 12 ADJUSTING THE FIRST-PARTY PROPERTY INSURANCE CLAIM
I. OVERVIEW
II. CONSIDERING ROLE OF CLAIMS ADJUSTER
III. ROLE OF PUBLIC ADJUSTER
IV. INTERPRETING THE POLICY
V. ADJUSTER’S INVESTIGATION
VI. CLAIM DOCUMENTATION
VII. EXAMINATION UNDER OATH (“EUO”)
VIII. ALTERNATIVE DISPUTE RESOLUTION OPTIONS DURING ADJUSTMENT PROCESS
X. CONSEQUENCES OF ACCEPTING PAYMENT
XI. FAIR CLAIMS SETTLEMENT PRACTICES REGULATIONS
XII. ROLE OF RIGHT TO SUBROGATION AND SALVAGE OF DAMAGED PROPERTY
XIII. FORMS

Chapter 13 ADJUSTING THE THIRD-PARTY LIABILITY INSURANCE CLAIM
I. OVERVIEW
II. UNDERSTANDING THE DUTIES OF THE THIRD-PARTY CLAIMS ADJUSTER
III. UNDERSTANDING THE THIRD-PARTY CLAIMS ADJUSTER’S INVESTIGATION
IV. CONSIDERING THE ADJUSTER’S DUTY TO KEEP THE INSURED AND CLAIMANT INFORMED AS TO THE HANDLING OF THE CLAIM
V. CONSIDERING THE ADJUSTER’S ADVANCE PAYMENTS TO THE CLAIMANT AND SETTLEMENT WITH THE CLAIMANT
VI. CLAIM DOCUMENTATION
VII. CONSIDERING THE ROLE OF A CLAIMANT’S LAWYER
VIII. CONSIDERING ALTERNATIVE DISPUTE RESOLUTION (ADR) OPTIONS DURING THE ADJUSTMENT PROCESS
IX. CONSIDERING THE PAYMENT OF CLAIMS PROCESS
XI. FORMS

Chapter 14 INITIATING INSURANCE COVERAGE LITIGATION
I. OVERVIEW
II. EVALUATING THE PROPOSED COVERAGE ACTION: PARTIES, FORUM, TIMING AND OTHER STRATEGIC CONSIDERATIONS
III. EVALUATING ADR AS A STRATEGY

Chapter 15 DRAFTING THE COMPLAINT
I. OVERVIEW
II. PRELIMINARY ISSUES
III. STRATEGIC CONSIDERATIONS IN DRAFTING
IV. POTENTIAL CAUSES OF ACTION AND REMEDIES
V. FORMS

Chapter 16 MANAGING THE RELATIONSHIP BETWEEN THE COVERAGE CASE AND UNDERLYING LITIGATION
I. OVERVIEW
II. ASCERTAINING POSSIBLE CONFLICTS BETWEEN AN INSURANCE COVERAGE CASE AND UNDERLYING LITIGATION
III. OPTIONS FOR MANAGING AND RESOLVING THE CONFLICTS THAT MAY ARISE
IV. FORMS

CHAPTER 17 DRAFTING THE ANSWER AND AFFIRMATIVE DEFENSES
I. OVERVIEW
II. INITIAL CONSIDERATIONS TO DRAFTING AND FILING ANSWER
III. REMOVAL OF LAWSUIT
V. ANSWERING THE ALLEGATIONS OF THE COMPLAINT
VI. ASSERTING AFFIRMATIVE DEFENSES IN AN ANSWER
VIII. ADDING NEW PARTIES
IX. FORMS

Chapter 18 DETERMINING WHETHER TO FILE PRE-DISCOVERY MOTIONS
I. OVERVIEW
II. PRE-DISCOVERY MOTIONS COMMONLY FILED IN INSURANCE COVERAGE CASES
III. FORMS

Chapter 19 APPLYING ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES
I. OVERVIEW
II. UNDERSTANDING ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES IN INSURANCE CONTEXT
III. CONSIDERING HOW VARIATIONS IN INSURER-INSURED RELATIONSHIP AFFECT ATTORNEY CLIENT AND WORK PRODUCT PRIVILEGES
IV. CONSIDERING ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES REGARDING INSURER CLAIMS FILES
V. EVALUATING ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES IN TRADITIONAL COVERAGE LITIGATION
VI. EVALUATING STRATEGIC CONSIDERATIONS
VII. ANALYZING ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES IN BAD FAITH LITIGATION
VIII. ANALYZING WAIVER OF ATTORNEY-CLIENT PRIVILEGE
IX. ANALYZING WAIVER OF WORK PRODUCT PRIVILEGE
X. ANALYZING PRIVILEGES IN INSURER-REINSURER CONTEXT

Chapter 20 CONDUCTING DISCOVERY
I. OVERVIEW
II. CREATING THE DISCOVERY PLAN
III. CONDUCTING DISCOVERY
IV. FORMS

Chapter 21 EXPERT WITNESS DISCOVERY
I. OVERVIEW
II. DETERMINING WHETHER EXPERT EVIDENCE IS ADMISSIBLE IN INSURANCE CASES
III. CONSIDERATIONS BEFORE HIRING AN EXPERT
IV. PREPARING AND RESPONDING TO WRITTEN DISCOVERY PERTAINING TO EXPERTS
V. TAKING AND DEFENDING THE DEPOSITIONS OF EXPERTS
VI. SUPPLEMENTING YOUR EXPERT DISCLOSURES
VII. RECOGNIZING PRIVILEGE AND WORK PRODUCT ISSUES
VIII. FORMS

Chapter 22 DETERMINING WHETHER TO FILE MOTIONS FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION
I. OVERVIEW: SUMMARY JUDGMENT AND COVERAGE LITIGATION
II. SUMMARY JUDGMENT STANDARD
III. ANALYZING FACTS AND LAW: ARE YOU READY TO FILE MOTION FOR SUMMARY JUDGMENT?
IV. STRUCTURING YOUR CASE TO WIN MOTION FOR SUMMARY JUDGMENT
V. DEFEATING MOTION FOR SUMMARY JUDGMENT ON FACTS
VI. WRITING MOTION FOR SUMMARY JUDGMENT
VII. ORAL ARGUMENT
VIII. FORMS

Chapter 23 SETTLING INSURANCE COVERAGE DISPUTES
I. OVERVIEW
II. VALUING THE COVERAGE CLAIM FOR PURPOSES OF SETTLEMENT
III. STRUCTURING THE SETTLEMENT OFFER
IV. NEGOTIATING THE SETTLEMENT
V. DOCUMENTING THE SETTLEMENT
VI. ADDRESSING SUBROGATION RIGHTS AND CLAIMS
VII. UNDERSTANDING THE EFFECT OF SETTLEMENT ON NON-SETTLING PARTIES
VIII. FORMS

Chapter 24 CONSIDERATIONS INVOLVED IN SETTLEMENT OF THE UNDERLYING CASE
I. OVERVIEW
II. CONSIDERING INSURER AND INSURED’S RIGHTS WITH RESPECT TO SETTLEMENT UNDER TYPICAL DUTY TO DEFEND PROVISIONS
III. CONSIDERING THE INSURED’S OBLIGATION TO COOPERATE WITH INSURERS IN SETTLEMENT OF UNDERLYING CLAIMS
IV. CONSIDERING INSURER “CONSENT TO SETTLEMENT” POLICY PROVISIONS
V. CONSIDERING ISSUES ARISING WHEN THE UNDERLYING LITIGATION IS SETTLED WHILE A COVERAGE DISPUTE IS PENDING
VI. CONSIDERING THE IMPACT OF SETTLEMENT ON ISSUES RELATED TO THE INSURANCE COVERAGE DISPUTE

Chapter 25 CONSIDERING ALTERNATIVE DISPUTE RESOLUTION
I. OVERVIEW
II. UNDERSTANDING MEDIATION
III. UNDERSTANDING ARBITRATION
IV. FORMS

Chapter 26 STRATEGIES FOR TRIAL
I. OVERVIEW
III. READYING THE COVERAGE CASE FOR TRIAL
IV. JURY SELECTION
V. OPENING STATEMENT
VI. THE INSURED’S CASE
VII. THE INSURANCE COMPANY’S CASE
VIII. CLOSING ARGUMENT

Chapter 27 POST-JUDGMENT MOTIONS AND DECIDING WHETHER TO
APPEAL
I. OVERVIEW
II. ENTERING JUDGMENT AND CONSIDERING POST-JUDGMENT MOTIONS
III. CONSIDERING THE BASIS FOR APPELLATE JURISDICTION
IV. EVALUATING WHETHER TO APPEAL AND DETERMINING WHAT ISSUES MAY BE APPEALED
V. EVALUATING SPECIAL CONSIDERATIONS IN INSURANCE COVERAGE APPEALS
VI. CONSIDERATIONS IN BRIEFING AND ARGUING ON APPEAL

Chapter 28 INSURANCE GUARANTY FUND PRINCIPLES
I. OVERVIEW
II. UNDERSTANDING STATE GUARANTY FUNDS
IV. UNDERSTANDING THE TYPES OF INSURANCE THAT PROPERTY/CASUALTY GUARANTY FUNDS COVER
V. DETERMINING COVERED CLAIMS
VI. UNDERSTANDING GUARANTY FUND’S IMMUNITY FROM OTHER LIABILITIES
VII. FILING, ESTABLISHMENT, AND DETERMINATION OF CLAIMS
VIII. ASCERTAINING THE RELATIONSHIP BETWEEN GUARANTY FUNDS AND RECEIVERS
IX. LITIGATING A CLAIM
X. CONSIDERING LARGE DEDUCTIBLE ISSUES
XI. UNDERSTANDING WORKERS’ COMPENSATION GUARANTY FUNDS
XII. UNDERSTANDING PROCEDURAL ISSUES

Chapter 29 SPOTTING ISSUES IN PARTICULAR PRACTICE AREAS
I. OVERVIEW
II. GENERAL DESCRIPTION OF ISSUE SPOTTING
III. UNDERSTANDING AND ORGANIZING THE FACTS
IV. UNDERSTANDING AND ORGANIZING INSURANCE POLICY PROVISIONS
V. UNDERSTANDING AND ORGANIZING THE LAW
VI. IDENTIFYING POTENTIALLY HELPFUL INSURANCE IN THE VARIOUS PRACTICE AREAS.

Chapter 30 UNDERSTANDING LIABILITY INSURANCE
I. OVERVIEW
II. TYPES OF LIABILITY COVERAGE
III. THE INSURING AGREEMENT
IV. INSURER DUTIES
V. MAJOR EXCLUSIONS
VI. MAJOR CONDITIONS
VII. ALLOCATION
VIII. POLICY LIMITS
IX. EXCESS AND UMBRELLA INSURANCE COVERAGE
X. CLAIMS-MADE POLICIES
XI. LOST POLICIES
XII. INSURANCE LITIGATION
XIII. TORT AND EXTRA-CONTRACTUAL LIABILITY
XIV. INSUREDS IN BANKRUPTCY

Chapter 31 UNDERSTANDING COMMERCIAL PROPERTY INSURANCE
I. OVERVIEW
II. UNDERSTANDING BASIC PROPERTY INSURANCE POLICY
III. UNDERSTANDING LOSS ADJUSTMENT AND SETTLEMENTS

Chapter 32 UNDERSTANDING AUTOMOBILE INSURANCE
I. OVERVIEW
II. UNDERSTANDING TYPES OF COVERAGE AND ENDORSEMENTS
III. IDENTIFYING SOURCES OF COVERAGE
IV. PROVIDING NOTICE AND PROOF OF CLAIM
V. UNDERSTANDING DISCLAIMERS OF COVERAGE AND DENIALS OF BENEFITS
VI. CONSIDER AVAILABLE BENEFITS
VII. RESOLUTION OF DISPUTES AND OPTIONAL/MANDATORY ARBITRATION

Chapter 33 UNDERSTANDING HOMEOWNER’S INSURANCE
I. OVERVIEW
II. UNDERSTANDING FUNDAMENTAL PRINCIPLES OF HOMEOWNER’S INSURANCE
III. UNDERSTANDING PROPERTY COVERAGE IN HOMEOWNER’S POLICIES
IV. UNDERSTANDING LIABILITY COVERAGE IN HOMEOWNER’S POLICIES
V. UNDERSTANDING HOMEOWNER’S INSURANCE CLAIMS
VI. UNDERSTANDING LIMITATIONS ON RECOVERY UNDER HOMEOWNER’S POLICIES
VII. UNDERSTANDING CANCELLATION OF HOMEOWNER’S POLICIES

Chapter 34 UNDERSTANDING LIFE INSURANCE
I. OVERVIEW
II. UNDERSTANDING THE LIFE INSURANCE INDUSTRY
III. UNDERSTANDING STATUTORY SCHEMES RELEVANT TO LIFE INSURANCE
IV. UNDERSTANDING LIFE INSURANCE PRODUCTS
V. UNDERSTANDING GENERAL PRINCIPLES OF LIFE INSURANCE
VI. PROVISIONS OF THE LIFE INSURANCE POLICY—TERMS AND ANALYSIS
VII. DETERMINING WHEN INTERPLEADER IS APPROPRIATE
VIII. UNDERSTANDING BENEFICIARY ISSUES
IX. CONSIDER UNIQUE LIABILITY ARISING OUT OF LIFE INSURANCE

Chapter 35 UNDERSTANDING DISABILITY INSURANCE
I. OVERVIEW
II. ERISA VERSUS NON-ERISA DISABILITY COVERAGE
III. DISABILITY INSURANCE

Chapter 36 UNDERSTANDING TITLE INSURANCE
I. OVERVIEW
II. APPRECIATING UNIQUE TITLE INSURANCE CONCEPTS
III. UNDERSTANDING COVERED RISKS
IV. UNDERSTANDINGS RISKS NOT COVERED BY MEANS OF EXCLUSION OR EXCEPTION
V. UNDERSTANDING CONDITIONS AND STIPULATIONS
VI. EVALUATING AND USING TITLE INSURANCE PRODUCTS
VII. ASCERTAINING EXISTENCE OF NONPOLICY INSURER LIABILITY
VIII. FORMS

Chapter 37 UNDERSTANDING DIRECTORS’ AND OFFICERS’ LIABILITY INSURANCE
I. OVERVIEW
II. APPRECIATING CONCEPTS UNIQUE TO DIRECTORS’ AND OFFICERS’ LIABILITY INSURANCE
III. UNDERSTANDING COVERED RISKS
IV. UNDERSTANDING OPERATIVE PROVISIONS
V. UNDERSTANDING EXCLUSIONS UNDER D&O POLICIES
VI. UNDERSTANDING THE DEFENSE OBLIGATION UNDER THE D&O POLICY
VII. UNDERSTANDING COMMON CONDITIONS IN D&O POLICIES AND OTHER SIGNIFICANT PROVISIONS
VIII. UNDERSTANDING THE IMPACT OF THE INSURED’S REPRESENTATIONS IN THE APPLICATION

Chapter 38 UNDERSTANDING ERRORS AND OMISSIONS INSURANCE
I. OVERVIEW
II. UNDERSTANDING THE NATURE OF E&O INSURANCE
III. APPLYING FOR E&O INSURANCE
IV. WHO IS AN INSURED?
V. CONSIDER KEY POLICY CONTENTS
VI. CONSIDER EXCLUSIONS
VII. CONSIDER CLAIMS-MADE ISSUES UNDER PROFESSIONAL LIABILITY POLICIES
VIII. CONSIDER THE RIGHTS AND DUTIES OF THE INSURED
IX. CONSIDER THE RIGHTS AND DUTIES OF THE INSURER
X. INSURING SPECIFIC PROFESSIONS

Chapter 39 UNDERSTANDING MULTIPLE INSURER SITUATIONS
I. OVERVIEW
II. RECOGNIZING WHEN MULTIPLE POLICIES APPLY TO ONE LOSS.
III. UNDERSTANDING PURPOSE AND FUNCTION OF “OTHER INSURANCE” CLAUSES
IV. UNDERSTANDING HOW COURTS ALLOCATE LIABILITY AMONG CONSECUTIVE INSURERS
V. UNDERSTANDING KEY CONCERNS WHEN NEGOTIATING AND LITIGATING CLAIMS INVOLVING OTHER INSURERS (I.E., MULTICARRIER CLAIM)

Chapter 40 UNDERSTANDING REINSURANCE
I. OVERVIEW
II. APPRECIATING PURPOSE OF REINSURANCE
III. CONSIDERING REINSURANCE REGULATION
IV. CONSIDERING INSURER’S OBLIGATIONS TO REINSURERS IN CASE OF CLAIM.
V. CONSIDERING REINSURER’S OBLIGATIONS
VI. CONSIDERING DUTY OF UTMOST GOOD FAITH OR UBERRIMAE FIDEI
VII. CONSIDERING FOLLOW THE FORTUNES/FOLLOW THE SETTLEMENTS
VIII. CONSIDERING BROKERED MARKET
IX. CONSIDERING REINSURANCE ARBITRATION
X. FORMS

Chapter 41 UNDERSTANDING EMPLOYMENT LIABILITY INSURANCE
I. OVERVIEW
II. DETERMINING WHEN COVERAGE IS TRIGGERED UNDER CLAIMS-MADE
POLICIES
III. DETERMINING THE EFFECT OF LATE NOTICE
IV. ADDRESSING MULTIPLE CLAIMS
V. UNDERSTANDING THE RISKS INSURED UNDER EPL POLICIES
VI. UNDERSTANDING THE APPLICATION OF THE FORTUITY AND KNOWN
LOSS DOCTRINES
VII. CONSIDERING WHO IS INSURED UNDER AN EPL POLICY
VIII. UNDERSTANDING EPL POLICY EXCLUSIONS

Chapter 42 UNDERSTANDING ENVIRONMENTAL INSURANCE
I. OVERVIEW
II. EVALUATING ENVIRONMENTAL CLAIMS UNDER OLD COMMERCIAL
GENERAL LIABILITY ("CGL") POLICIES
III. CONSIDERING ENVIRONMENTAL INSURANCE CLAIMS UNDER OTHER
TYPES OF OLD POLICIES
IV. EXAMINING CURRENT ENVIRONMENTAL INSURANCE PRODUCTS

Appendices INSURANCE MULTI-JURISDICTIONAL SURVEYS WITH ANALYSIS
Appendix 1 "At Issue" Waiver of Attorney-Client Privilege
Appendix 2 Anti-Concurrent Clauses
Appendix 3 Automobile Insurance Step-Down Provisions
Appendix 4 Expert Testimony in Insurance Litigation
Appendix 5 Extrinsic Evidence of Insurer's Duty to Defend
Appendix 6 Horizontal or Vertical Exhaustion of Coverage
Appendix 7 Insurability of Punitive Damages
Appendix 8 Recoupment of Defense and Indemnity Costs
Appendix 9 State Choice of Law Rules
Appendix 10 Tripartite Relationship Disqualification of Counsel Appointed by Insurer

 

Thomas, Jeffrey E.

Editor-in-Chief Jeffrey E. Thomas is Associate Dean for Academic Affairs and Professor of Law at the University of Missouri ¿ Kansas City. Dean Thomas graduated from Loyola Marymount University in 1983, and received his Juris Doctor degree from the University of California, Berkeley (Boalt Hall), in 1986. He is a member of the California State Bar, the American Bar Association, the Association of American Law Schools, and the Asia Pacific Risk and Insurance Association. Dean Thomas is President of the Asia Pacific Risk and Insurance Association, a Past Chair of the Insurance Law Section of the Association of American Law Schools, and has served in various leadership positions in the Tort Trial and Insurance Practice Section of the ABA. Dean Thomas is author of numerous articles on Insurance Law published in the United States and internationally. His work has been presented at academic and professional meetings throughout the U.S. and in Australia, China, Europe, Hong Kong, Korea, India, Taiwan, and Thailand. He is the co-author with Alan I. Widiss of the three-volume treatise ¿Uninsured and Underinsured Motorist Insurance¿ published by LexisNexis, has been on the Editorial Board of the CGL Reporter, and is an Advisor to the Connecticut Insurance Law Journal. Dean Thomas previously served as a Bigelow Teaching Fellow at the University of Chicago, a Fulbright Fellow in China, and the Tiera M. Farrow Faculty Scholar at UMKC.

Martinez, Leo P.

Leo P. Martinez is Professor of Law at the University of California, Hastings College of the Law. Professor Martinez earned his B.S. in Physics at the University of Kansas in 1971 and his M.S. in Systems Analysis from the University of Southern California in 1975. Upon earning his law degree from Hastings in 1978, he met his military obligation by serving on active duty in the U.S. Army Judge Advocate General's Corps after which he practiced law with the Howard Rice law firm in San Francisco. He joined the Hastings Faculty in 1985 and served as Academic Dean of the College from 1993 through 2005. At Hastings, Professor Martinez teaches Insurance Law, Contracts and Federal Income Tax. He is co-author of a text on Insurance Law and a text on Estate Planning for the Owners of Closely Held Corporations. He has published and lectured extensively on matters of insurance law, tax policy, and education administration. He is an elected member of the American Law Institute and he is a past Chair of the Association of American Law Schools (AALS) Section on Insurance Law. Professor Martinez has also been active in the American Bar Association¿s (ABA) accreditation process and he currently serves as a member of the Nominations Committee of the ABA Section on Legal Education.

Richmond, Douglas R.

Doug Richmond is Senior Vice President in the Professional Services Group of Aon Risk Services, the world¿s largest broker of insurance for professional services firms. Before joining Aon in Chicago, Mr. Richmond was a partner with Armstrong Teasdale LLP in Kansas City, Missouri (1989-2004), where he had a national trial and appellate practice. In 1998, he was named the nation¿s top defense lawyer in an insurance industry poll as reported in the publications Inside Litigation and Of Counsel. He is a member of the American Law Institute (ALI), the American Board of Trial Advocates (ABOTA), the International Association of Defense Counsel (IADC), and the Federation of Defense and Corporate Counsel (FDCC). Mr. Richmond has also been selected to The Best Lawyers in American the areas of legal malpractice, personal injury litigation, and railroad law. In 2003, the Euromoney Legal Media Group named him one of the nation¿s top insurance and reinsurance lawyers. He is the co-author of a leading treatise, Understanding Insurance Law (third ed. 2007), published by LexisNexis. Additionally, Mr. Richmond has published roughly 50 articles in university law reviews, and many more articles in other scholarly and professional journals. He teaches Legal Ethics at the Northwestern University School of Law and he is a regular National Institute of Trial Advocacy (NITA) faculty member. He previously taught Trial Advocacy and Insurance Law at the University of Kansas School of Law, and Insurance Law and a seminar on Damages at the University of Missouri School of Law. Mr. Richmond earned his J.D. at the University of Kansas.

Mayerson, Marc S.

Marc S. Mayerson is a partner at Washington, D.C.'s Spriggs & Hollingsworth, www.spriggs.com, where he leads its nationwide practice representing corporate policyholders. In addition to his coverage litigation docket concerning asbestos, pharmaceuticals, and other losses, he authors the well-known insurance blog, www.insurancescrawl.com, recognized by The Wall Street Journal as the leading blog in the insurance industry. Mr. Mayerson recently was selected as one of the ten leading coverage lawyers in the nation's capital by The Legal Times and has been recognized in Chambers USA Leading Business Lawyers 2007 and the Euromoney Guide to the World's Leading Insurance and Reinsurance Lawyers. He also teaches the insurance law class at George Washington University law school, where he recently received an Award for Dedication in Teaching. He has published on numerous topics including settlement, defense, and bad faith; made numerous speeches and presentations in the US and Europe on insurance issues; and has trained professional mediators on insurance issues. He is a member of the American Bar Association's national Task Force on Insurance in Disasters and the Task Force on Federal Insurance Regulation Modernization; for the ABA also, he serves as Vice Chair of the Insurance Coverage Litigation Committee of the Tort Trial and Insurance Practice Section. A graduate of the University of Michigan (with Highest Distinction, High Honors, Phi Beta Kappa in 1983) and Harvard Law School (magna cum laude in 1986), where he was a member of the Harvard Law Review. Mr. Mayerson clerked for The Honorable Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit.