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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

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The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance 2nd ed

ISBN13: 9780198754404
Previous Edition ISBN: 9780199583614
Published: February 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £165.00

In stock.

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. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length.

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.

Insurance Law, Arbitration and Dispute Resolution
Part I: The Bermuda Market and Form
1: Introduction to the Bermuda Market
2: Introduction to the Bermuda Form

Part II: The Bermuda Form in Detail
3: Conflict of Law Issues: Substantive Issues vs Procedural Issues
4: Law of Construction and Interpretation Clause
5: The Coverage Clause
6: The Occurrence Reported Trigger
7: Occurrence Definition
8: Integration and Aggregation
9: Requirement of Notice of Claim
10: Attachment Point, Underlying Coverage and Limits of Liability
11: Exclusions from Coverage
12: Conditions under the Bermuda Form
13: Misrepresentation and Non-Disclosure
14: Waiver / Estoppel
15: Use of the Bermuda Form for Reinsurance

Part III: Dispute Resolution Under the Bermuda Form
16: The Arbitration Agreement
17: Team Assembly
18: Commencement of the Arbitration
19: Pre-hearing Activities
20: Preparation for and Conduct of the Hearing
21: Awards
22: Interests and Costs
23: Challenges and Enforcement
24: The Arbitrators' Ethical Duties

Appendix: Policy Form Exmplar