50 INSURANCE CASES EVERY SELF-RESPECTING A R P S K

50 INSURANCE CASES EVERY SELF-RESPECTING ATTORNEY OR RISK PROFESSIONAL SHOULD KNOW

AN ANALYSIS OF THE TOP 50 PROPERTY-CASUALTY COVERAGE CASES AND THEIR IMPLICATIONS

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50 Insurance Cases Every Self-Respecting Attorney or Risk Professional Should Know

CONTENTS

Foreword Top 50 Cases Cumulative Case Index Authors Introduction Insuring Agreement

What Is Property Damage? What Is a Suit? What Are "Damages"? What Are "Intentional Acts"? What Is the "Duty To Defend"? Exclusions What Is "Concurrent Causation"?

First-Party Coverage Third-Party Coverage Conditions What Is "Notice"? What Is the "Duty To Cooperate"? What Is "Consent To Settle"? Are "Successors" Covered? Limits of Liability What Are "SIR/Deductibles"? Long-Tail Liability Issues Allocation The "All Sums" Approach The "Pro Rata" Approach The "Time-on-the-Risk" Approach The "Owens-Illinois/Percentage of Limits" Approach When Is Coverage Triggered? How Many "Occurrences"? Policy Language Cause of Liability Intervening Acts Causing Multiple Occurrences Bad Faith What Constitutes "Bad Faith"? Duty To Promptly and Fully Investigate Claims Duty To Investigate and Adjust Claims Fairly Duty To Act Reasonably

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50 Insurance Cases Every Self-Respecting Attorney or Risk Professional Should Know

FOREWORD

For more than 30 years, International Risk Management Institute, Inc. (IRMI), has been a premier provider of risk management and insurance information to corporations, law firms, government, and the insurance industry. This information is developed by the most experienced research and editorial team in insurance reference publishing in partnership with a host of industry practitioners who work with us.

IRMI has been pleased to work with Jill B. Berkeley as author and editor of CGL Reporter, The Insurance Coverage Litigation Handbook for more than 25 years. In 1997, the Insurance Coverage Litigation Committee (ICLC) of the Tort Trial and Insurance Practice Section (TIPS) of the American Bar Association became involved, forming an editorial board led by Jill to write the case summaries to be published in CGL Reporter. In return, a portion of the revenues from CGL Reporter subscriptions are donated by IRMI to fund scholarships for participation in TIPS continuing legal education programs with the goal of increasing diversity amount participants in TIPS programs.

Recently, TIPS members and CGL Reporter editorial board members came to IRMI with an idea for a white paper on the top insurance coverage cases of all time. It seemed like a rather grandiose proposition, but an interesting one as well. What follows is the product of that discussion-- summaries of 50 U.S. insurance coverage cases that are arguably the most influential of all time, along with insightful analysis on the implications of those decisions. (Please read the Introduction on page 1 to see how the authors went about compiling the list.)

IRMI is pleased to provide this publication to you at no charge. Do consider turning to IRMI for risk and insurance solutions in the form of:

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