Appleman on Insurance is recognized as the most authoritative, comprehensive and up-to-date reference in the field of insurance law. It covers all aspects of insurance law, including: contract formation; rights and duties under the insurance policy; duties and liabilities of agents and brokers; liability insurance policies and exclusions; property, casualty, life, health and disability insurance; reinsurance; no-fault, uninsured and underinsured motorists insurance; and commercial insurance and bonds. Appleman on Insurance contains leading cases from all jurisdictions, simplifying your search for local precedent. It also analyzes each of the principal groupings of insurance contracts: personal, property, casualty, and commercial bonds, including matters common to all policies. Click the chapter links below to learn more, and purchase by chapter.
Chapter 3: Distinctive Insurance Concepts and Principles
This chapter from Appleman on Insurance, Insurance Distinctive Insurance Concepts and Principles, discusses the indemnity principle and the means of classifying insurance by considering to whom the insurer's duty to pay runs. The chapter addresses issues including: first-party or indemnity insurance, third-party indemnity insurance, equitable principles of good faith and unconscionability, adverse selection and discriminatory practices, moral hazard, adhesion, inequality and government regulation. The chapter touches on the relevance of the contract law doctrines of good faith and unconscionability, which are considered relatively new in the insurance context. The chapter defines the term "adverse selection" and explains the purpose and function of discriminatory practices in the insurance context.
Chapter 4: Reading the Insurance Contract and Identifying Litigation Issues
This chapter from Appleman on Insurance, This chapter, Reading The Insurance Contract And Identifying Litigation Issues, provides detailed coverage of issues of readability, discusses how to identify contract formation issues, and explains how to identify contract coverage issues including risks, persons, and interests covered. The chapter also discusses how to identify issues concerning contractual defenses and limitations. It addresses the issues of readability, including the insured's duty to read, the insurer's duty to explain, the anti-jargon principle, easy-to-read legislation promulgated by the National Association of Insurance Commissioners, and the use of the analytical reading method to identify insurance litigation issues.
Chapter 8: Equitable Principles of Interpretation and Construction
This chapter from Appleman on Insurance, Equitable Principles of Interpretation and Construction, covers the evolution of insurance law towards a balance of fairness and commercial reasonableness. It also describes the development, purposes, and functions of the doctrines of waiver, estoppel, and election. Specifically, the chapter discusses issues pertinent to traditional waiver and equitable estoppel, including: waiver versus equitable estoppel, liberal construction of the doctrines, proper subjects for waiver, restrictions on the rule, elements of waiver, limitations on the doctrines, necessity of knowledge of breach, and restrictions on application of estoppel.
Chapter 21: Conflicts and Choice of Law
This chapter from Appleman on Insurance, Conflicts and Choice of Law, addresses general considerations of conflicts and choice of law, and considers specific conflicts and choice of law issues in the insurance context. Specifically, the chapter discusses the effect of statues designating applicable law, and stipulation by the parties regarding applicable law. The chapter covers law of forum matters, and the law of the place where the contract is made. The chapter also provides careful consideration of factors determining where the contract was made, the place of performance, and the location of the subject matter of the insurance.
Chapter 28: Waiver and Estoppel Regarding Premium Payments Generally
This chapter from Appleman on Insurance, Waiver and Estoppel Regarding Premium Payments Generally, provides in depth coverage and analysis of waiver and estoppel issues regarding premium payments. The chapter begins by considering the insurer's power to waive policy conditions. It outlines the elements of waiver and estoppel and identifies limitations to waiver and estoppel. It also covers waiver by acts or conduct of the insurer, and discusses custom and course of dealing with respect to whether waiver and estoppel have been effectuated. The chapter explains waiver by the extension of time, and waiver where the insurer treats the policy as in force.
Chapter 102: Overview and Context of Reinsurance
This chapter from Appleman on Insurance, Overview and Context of Reinsurance, introduces the concept of reinsurance. Specifically, this chapter introduces the concept and purposes of reinsurance. It identifies the basic structures of reinsurance including proportional and non-proportional cessions of risk. The chapter also considers treaty and facultative reinsurance, and explains common language used in reinsurance treaties. Further, the chapter includes a glossary of terminology, explains the role of reinsurance in self insurance, and describes the role of reinsurance in "fronting" arrangements. Finally, it describes the outer limits of reinsurance and what does not constitute reinsurance, including common labeling errors.
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