This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including:
New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case
The concept of the "wilful misconduct" in failure to guard the vehicle
Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG
It also provides new coverage of the impact of e-commerce on road haulage.
This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
This book provides you with practical advice and brings you:
• An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives.
• A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions.
• Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention.
• Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.
Air Cargo Insurance analyses the model policies and standard terms and conditions on the London markets. The authors also provide readers with an invaluable perspective on cases in other jurisdictions, and the book discusses freight forwarders’ relations with airlines and addresses the possibility of recovery from third parties.
This book, written by two of the leading experts in the field, provides invaluable guidance to practitioners, arbitrators and cargo-claims professionals. It will help to ensure that air cargo insurance contracts are better drafted and enforceable, as well as assisting in cases of disputed claims. Academics and postgraduate students specialising in the areas of in air and insurance law will also find this book extremely useful.
When you’ve been hurt in an accident, dealing with insurance companies and lawyers can feel exhausting. But armed with the right information, you can handle a claim yourself—and save many thousands of dollars in the process.
How to Win Your Personal Injury Claim shows you how to handle almost any accident situation and guides you through the insurance claim process, step by step. Learn how to:
protect your rights after an accident
determine what your claim is worth
deal with uncooperative doctors and insurance companies
counter the special tactics insurance companies use
prepare a claim for compensation
negotiate a full and fair settlement
stay on top of your case if you hire a lawyer
This completely updated edition of How to Win Your Personal Injury Claim provides your state’s most recent laws, including small claims court limits and lawsuit filing deadlines.
Dealing with insurance companies and lawyers when filing a personal injury claim can feel like another accident is in the offing. But you can handle a claim yourself -- and save hundreds or thousands of dollars in the process.
How to Win Your Personal Injury Claim shows you how to handle almost every accident situation, and guides you through the insurance claim process, step by step. Learn how to:
protect your rights after an accident
determine what your claim is worth
handle a property-damage claim
deal with uncooperative doctors, lawyers, and insurance companies
counter the tactics insurance companies use
prepare a claim for compensation
negotiate a full and fair settlement
stay on top of your case if you hire a lawyer
This edition of How to Win Your Personal Injury Claim provides your state's most recent laws, small-claims court limits and Department of Insurance contact information. Plus, you'll find a new chart explaining your state's in-car text and cell phone laws.
• Part I introduces the concepts of risk and risk management.
• Part II deals with the perils and hazards of public entities, specifically governmental tort liability.
• Part III covers insurance policies and risk management alternatives other than commercial insurance.
Also includes standard Insurance Services Office (ISO) and other forms and checklists.
First published in 1991.
Washington Insurance Law discusses the major concepts of insurance practice and lays the foundation for understanding various, more complex types of insurance and insurance disputes. For less than the cost of one hour of consultation, you can have the reference that has been cited in two key insurance cases by the Supreme Court of Washington: Allstate insurance v. Remedios and McRory v. Northern Insurance Company.
In Florida, the legal authorities governing and relating to property insurance, associated claims, and insurance adjusting are scattered in various bodies of law (beyond the “Florida Insurance Code”). Unfortunately, they are not always easy to locate, or logically categorized or ordered.
This book contains a comprehensive compilation of these statutes, rules, and other legal authorities. To compile the materials in this publication, an exhaustive review was undertaken of the Florida Statutes, Florida Administrative Code, and other bodies of law. Once compiled, the authorities were then re-categorized and re-ordered in an effort to make them easier to search.
In addition, this book includes a helpful list of over one hundred (100) important deadlines and timing issues, as well as a list of other selected statutes, an extensive list of state and federal cases (arranged by topic), and a list of resources relevant to property insurance and public adjusting.
Public adjusters should find this book helpful to their adjustment and handling of claims, and in dealing with insurance representatives. It should also assist public adjusters in becoming more familiar with the relevant legal authorities, and the legislative process, which has become more important in recent years with the passage of restrictive regulations for public adjusters.
This publication is not designed to be read from cover to cover like a traditional book; rather, it is to be used as a reference tool.
Table of Contents
Segment 1 – Important Deadlines and Timing Issues
Segment 2 – Statutes of Limitations and Notice Issues
Segment 3 – Public Adjusters and Insurance Representatives – Licensing and Appointments
Segment 4 – Public Adjusters and Insurance Representatives – Continuing Education
Segment 5 – Public Adjusters and Insurance Representatives – Ethical Rules and Other Similar Authorities
Segment 6 – Public Adjusters and Insurance Representatives – Advertising and Soliciting
Segment 7 – Public Adjuster Contracts
Segment 8 – Public Adjuster Fees, and Other Fees
Segment 9 – Public Adjusters and Insurance Representatives – Unlicensed Practice of Law and Adjusting
Segment 10 – Public Adjusters and Insurance Representatives – Other Rules
Segment 11 – Collection Issues
Segment 12 – Insurance Policies
Segment 13 – Cancellation, Renewal, and Nonrenewal of Insurance Policies”
Segment 14 – Claims Handling Issues
Segment 15 – Payment Issues
Segment 16 – Bad Faith and Unfair Trade Practices
Segment 17 – Fraud
Segment 18 – Disciplinary Issues for Public Adjusters, Insurance Representatives, and Insurers
Segment 19 – Mortgage and Banking Issues, and Lender Placed Insurance
Segment 20 – Ordinance or Law Coverage, including Building Codes, etc.
Segment 21 – Condominium and Timeshare Issues
Segment 22 – Sinkhole Claims
Segment 23 – Hurricane and Windstorm Issues
Segment 24 – Flood Insurance Claims
Segment 25 – Citizens Property Insurance Corporation
Segment 26 – Surplus Lines Insurance and Insurers
Segment 27 – Florida Insurance Guaranty Association (“F.I.G.A.”)
Segment 28 – Relief from the Federal Emergency Management Agency (“F.E.M.A.”)
Segment 29 – Right to Access Information
Segment 30 – Policyholder’s Bill of Rights
Segment 31 – Various Definitions
Segment 32 – Mediation of Property Insurance Claims
Segment 33 – Litigation Issues
Appendix I – Other Selected Statutes, Rules, etc.
Appendix II – Selected Florida and Federal Cases
Appendix III – Resources
The information provided in this book will give the reader the ammunition with which to confront the insurer, corporate entity or wrong doer on a more level playing field.
Unlike most other books on this subject, this work includes loss procedures under property insurance policies such as homeowners and commercial contracts.
The other drivers insurance company has agreed to pay the cost to repair the collision damage to you new car, but is that all there is. No, you could be entitled to more. The section dealing with automobile property damage will disclose some cash you may have overlooked.
You or a resident relative hits an errant shot on the golf course and instead of its intended destination, the ball smashes the windshield of another members car on the parking lot. You are probably not legally liable for the damage, but you can be a good guy and pay the cost to repair under a special coverage in your homeowners policy. Look at all the possibilities in Infrequently Reported Homeowners Claims.
As a member of a same sex marriage in a state where such unions are recognized, what are your rights with respect to the injuries or wrongful death of a spouse? See chapter (Damages) for a discussion of this question.
The drunk driver who caused your injuries may not be your only source of restitution. Take a look at Liquor Liability.
A kitchen appliance you have not altered in any way causes a fire that seriously damages your home and injures you or members of your family. What are your rights with respect to claims against the manufacturer or vendor of the product?
If you, a friend or relative has been involved in an accident that might have been the fault of another or suffered an insured property loss, this book has the potential to save hundreds, if not thousands, of dollars, resulting from underpaid claims or needless expense.
“Calabresi’s book is most significant for its first-rate combination of modern economic analysis and legal policy. The methodology and underlying principles extend far beyond the particular subject matter of accident law to many other legal areas that could benefit from economic analysis. In turn, some economic analyses may become the richer for the discussion in this book. It is truly one of those rare important volumes.”—Gerald M Meier
Readership: undergraduates, external students taking the London LL.M Insurance Law course, CII candidates and those who lack access to a law library.
Each title is keyed to the current edition of a specific casebook; it s your trusted guide to the text throughout the semester.The brief for each principal case in the casebook saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, important points of the holding and decision, and concurrences and dissents included in the casebook excerpt. This overview is combined with a short analysis: all to help you broaden your understanding and support you in classroom discussion. Quicknotes at end of each brief give you short definitions of the legal terms used. A handy Glossary of common Latin words and phrases is included in every Casenote. Detailed instruction on how to brief a case is provided for you. A free Quick Course Outline accompanies all Casenote Legal Briefs in these course areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence, Property, and Torts.
This book cuts through the complexities of Minnesota no-fault insurance law and keeps you abreast of the latest changes. It provides a legislative history and overview of the No-Fault Act. The book also includes an extensive analysis of policy and case law, as well as a checklist of questions to help readers unfamiliar with the topic quickly locate relevant law.
This eBook features links to Lexis Advance for further legal research options.
• The Legal Salience of Taxation, by Andrew T. Hayashi
• Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach
• Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz
• American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin
• Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli
• Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy
• Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau
• Understanding Equal Sovereignty, by Abigail B. Molitor
• "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien
• Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross
• "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito
Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
Reinsurance is developed in the framework of general economic equilibrium theory under uncertainty. Here ordering of risks, preferences and utility theory play an important role. The book discusses the markets for insurance and divides them into three classes: (i) life insurance (ii) business insurance and (iii) household insurance, and these classes are each treated extensively in three separate chapters. Finally uninsurable risks are presented under "asymmetric information". Here moral hazard and adverse selection are treated and illustrations are given, some based on game theory.
Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs.
This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law
State administrators and personnel, Medicare beneficiaries and their families, Medicare/Medicaid contractors, state children’s health insurance programs, healthcare policy analysts, and lawmakers may be interested in this volume. Additionally, medical students taking courses in geriatric programs at the university graduate level or working in a State hospital resident program may be interested in the current Federal regulations for their research needs and care of patients.
This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually a great deal more medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Are these lawsuits frivolous? Very rarely. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold about medical malpractice and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.
President Bush has made medical malpractice reform a priority in his last term in office, but if history is any indication, legislative reform would only worsen the situation and perpetuate the gross misunderstanding of it. The debate surely will be transformed by The Medical Malpractice Myth, a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.
Purpose of this Book
To set up a simple guide to help answer questions and educate homeowners in the claim process once a claim has been filed with the insurance company.
To review the facts and fiction about insurance companies and their claim practicing procedures.
To discuss who influences the outcome of your claim the most during your claim process and how much power they have in determining the fate of your final payment.
To help you decide which contractor to useXthe insurance company's referral, the contractor at your door, or a friend you know? Maybe none of the above.
Who should inventory your damaged personal belongings in case of a fireXthe insurance company? an outside firm? no one but you?
How do you control the amount of depreciation that is taken off your Building Repair Estimate and your damaged Personal Property? Do you have any control over this? Is it really as objective as the insurance companies state?
Why do so many people state, I pay my insurance premiums for years and now that I file a claim, they deny me stating it's not covered? Is this really true?
Should I file a claim? Will my premium go up? Will I be cancelled shortly after the loss is concluded?
These and many other questions and topics are covered in this book. Sample forms with simple explanations will be outlined. Overviews are presented on the claim handling process to better prepare a homeowner prior to filing a claim.
As they delve into equipment claims, many Adjusting Office personnel should gain sufficient experience and recognition to include "Equipment and Truck Losses" in their range of competencies.
In addition, the issue includes a review essay on the book The Master Switch, as well as student Comments on such subjects as same-sex divorce, religious practices by prisoners, falsely claiming Medal of Honor status, and enhancement in federal sentencing.
The issue is presented in modern eBook formatting and features active Tables of Contents; linked footnotes and URLs; and legible graphs and tables.
This book approaches limitation of liability from an international perspective looking at a number of key conventions including the global limitation conventions, the conventions relating to the carriage of passengers and their luggage by sea (1974 Athens Convention relating to the Carriage of Passengers and Their Luggage by Sea and the 2002 Protocol thereto), conventions relating to liability and compensation for pollution damage (1969 International Convention on Civil Liability for Oil Pollution Damage and the 1992 Protocol thereto, the 1996 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea and the 2010 Protocol thereto, and the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage), as well as the 2007 Nairobi International Convention on the Removal of Wrecks.
Each chapter of this book sets out to analyze provisions in the conventions which have proved to be controversial and subject to debate by courts and authors, as well as the relationship between the limitation provisions in claim specific liability conventions and in the global limitation conventions. Particular attention is also given to the persons entitled to limit liability, ships in respect of which liability can be limited, claims subject to limitation, claims excepted from limitation, basis of liability (where applicable), loss of the right to limit, and the limits of liability.
Limitation of Liability in International Maritime Conventions is of interest to academics and practicing lawyers who wish to understand the intricacies of the law of limitation.