The Bermuda Form
Interpretation and Dispute Resolution of Excess Liability Insurance
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 15 February 2018
- ISBN 9780198754404
- Binding Hardback
- No. of pages584 pages
- Size 249x177x36 mm
- Weight 1158 g
- Language English 0
Categories
Short description:
Providing analysis and interpretation on the construction of the Bermuda Form this new and updated second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it.
MoreLong description:
Providing analysis and interpretation on the construction of the Bermuda Form, this second edition also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it.
The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. In addition, the second edition reflects the authors recent experience of arbitrations and how disputes have been resolved by arbitrators.
Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.
Table of Contents:
Part I: The Bermuda Market and Form
Introduction to the Bermuda Market
Introduction to the Bermuda Form
Part II: The Bermuda Form in Detail
Conflict of Law Issues: Substantive Issues vs Procedural Issues
Law of Construction and Interpretation Clause
The Coverage Clause
The Occurrence Reported Trigger
Occurrence Definition
Integration and Aggregation
Requirement of Notice of Claim
Attachment Point, Underlying Coverage and Limits of Liability
Exclusions from Coverage
Conditions under the Bermuda Form
Misrepresentation and Non-Disclosure
Waiver / Estoppel
Use of the Bermuda Form for Reinsurance
Part III: Dispute Resolution Under the Bermuda Form
The Arbitration Agreement
Team Assembly
Commencement of the Arbitration
Pre-hearing Activities
Preparation for and Conduct of the Hearing
Awards
Interests and Costs
Challenges and Enforcement
The Arbitrators' Ethical Duties
Appendices
Policy Form Exmplar
