About the Book: Fundamentals Of Insurance Coverage In All 50 States - 2nd Edition is a unique compendium and overview of all aspects of insurance coverage law in every state. The treatise utilizes and cites state and federal statutes, insurance regulations, and case law from every state as a framework for a unique and unprecedented treatment of this confusing and varied body of law. The book is designed specifically for insurance claims handlers and supervisors who have responsibility for or occasion to deal with coverage issues relating to third-party defense litigation, first-party claims litigation, and/or reservation of rights scenarios. In the past decade, the number of disputes between insurers and insureds over policy coverage, especially involving environmental pollution and exclusions, has increased exponentially. More and more insurance companies, faced with astronomical claims in these areas, have had to resort to meticulously enforcing coverage exceptions and exclusions in order to maintain profitability. The result has been a dramatic rise in coverage litigation. Millions of dollars have been spent by corporate America and the insurance industry to contest and litigate the obligation of insurers to defend or indemnify insureds held liable to other parties, the state or the federal government for environmental impairment or other insurance obligations. The purpose of this book is to compile all of the relevant law, regulations and case decisions in these areas from all 50 states into one easy to understand and easy to use reference book – which should be the first place a company should turn when coverage matters rear their ugly heads. While the book intentionally omits reference to federal statutes, regulations or holdings based purely upon federal law, except insofar as they may be necessary to clarify issues of state law, it is a comprehensive treatment of all other aspects of coverage issues which the average claims handler or supervisor might be expected to run across in any given situation. The integrity of the insurance industry and its commitment to honoring legitimate claims for which it is contractually or legally responsible is offset by the industry’s concomitant desire to avoid payment for claims and damages for which it is not contractually obligated and for which there is no insurance coverage. This primer on coverage law is perfect for the insurance professional whose responsibilities are not only spread across various lines of insurance, but across the whole of our continent as well. From the introduction of common issues and common rules to a discussion of coverage triggers, equitable relief, economic loss, property damage and a variety of policy exclusions, the book is intended to be the legal companion of anybody whose responsibilities take them, however frequently or infrequently, down the uncertain path of coverage denial and coverage litigation. This one-of-a-kind treatise covers the following issues in all 50 jurisdictions: - Understanding the Contract of Insurance
- Law Governing the Insurance Policy
- Tackling Ambiguity and Interpretation of Policies
- General Contract Rules for Interpretation
- Rights and Obligations of all Parties to the Insurance Contract
- Limitations of the “Construed Against the Drafter” Rule in all States
- The Extent of Risks and Coverages
- Good Faith and Fair Dealing – Bad Faith
- Basic Policy Defenses
- Cooperation of the Insured
- Failure to Pay Premiums
- Environmental Issues and Related Insurance Law
In addition to being an excellent and easy to understand primer on coverage issues and the basic insurance contract, the book is suitable for both the inexperienced claims professional and the seasoned veteran. It is also the perfect “starting point” for any research or litigation briefing by trial lawyers, defense counsel, or in-house insurance counsel. It is a must for anyone with multi-state responsibilities. Praise for " Fundamentals Of Insurance Coverage In All 50 States" "When I have coverage issues in my practice, this is the first resource I look to. It is complete, concise, and easy to understand." Donald G. Moore, Esq., Deisch, Marion & Klaus, P.C. "Matthiesen, Wickert & Lehrer has done it again! This book is a must-have for all claims professionals who deal with insurance coverage issues, especially those with multi-state responsibilities. It’s definitely a one-of-a-kind and no one in this line of business should be without it." John Macomber, Zurich North America
"Subrogation professionals necessarily become involved in coverage issues, and this book is the quickest and most complete reference on the subject to be found anywhere." Jon Coscia, CEO, Latitude Subrogation Services
"From bad faith to the extent of risks and coverages to policy defenses and environmental issues; this book has it all, and amazingly, covers the law in every state!" Kathy Stanke, Sentry Claims Services
"From breaking down an insurance contract to policy defenses to environmental coverage issues, this book covers the law in all 50 states in a clear and understandable way." William J. Evans, Attorney at Law
"This book is a necessity whenever coverage issues surface in your files. It covers this complex area of law in a comprehensible manner and is worthy of a novice or experienced professional." Timothy J. Irish, State Auto Insurance Companies
"Badger Mutual Insurance Company has used the services of the attorneys of Matthiesen, Wickert & Lehrer for years and their advice has been invaluable. The information contained in this book will be very helpful as our company expands in to different areas of the country." Kathryn P. Heyer, Badger Mutual Insurance Company
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