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Vol 21 No 8 Aug/Sept 2016

Book of the Month

Cover of Colinvaux's Law of Insurance

Colinvaux's Law of Insurance

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Liability Insurance in International Arbitration: The Bermuda Form 2nd ed isbn 9781841138756

Liability Insurance in International Arbitration: The Bermuda Form

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ISBN13: 9781841134673
ISBN: 1841134678
New Edition ISBN: 9781841138756
Published: January 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: Out of print



The Bermuda Form catastrophe insurance policy covers liabilities for exposure to catastrophes such as serious explosions or mass tort litigation. It includes a clause requiring disputes to be arbitrated under English procedural rules in London but, very unusually, subject to New York substantive law.

This calls for an unusual mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. Thus, despite its considerable importance, the Bermuda Form is not well understood, a situation not helped by the lack of publications dealing with it.

Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it.;This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London.

This is a book which will prove invaluable to lawyers, risk managers, and executives of companies that purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom.

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Subjects:
Insurance Law, Arbitration and Dispute Resolution
Contents:
1. The legal and economic origins of the Bermuda Form
2. The Bermuda Form : its basic structure
3. Choice-of-law issues under the Bermuda Form
4. Interpretation of the Bermuda Form and the modification of New York law
5. The coverage clause
6. The definition of occurrence
7. Fortuity, expected or intended, and the maintenance deductible ;
8. Notice of occurrence
9. Article II : the excess point and limits of liability
10. The exclusions
11. The conditions
12. Misrepresentation and non-disclosure
13. Waiver and estoppel and reservations of rights
14. Commencing a Bermuda Form arbitration and appointing attorneys and arbitrators
15. The course and conduct of a Bermuda Form arbitration in London
16. Discovery, privilege, and waiver of privilege