Legal Strategies for the Insurance Industry


Book Description

Inside the Minds: Legal Strategies for the Insurance Industry is an insider's look at the most significant legal issues in the insurance business today and the best tactics for addressing them. Featuring ten chairs and senior partners of insurance law representing the nation's leading firms, this book provides specific advice on a host of topics, from building relationships with regulatory authorities to entering into successful transactions with other insurers. The experts in this book review recent cases and developments in the law to illustrate the current legal environment and offer practical tips relating to claims avoidance, dispute resolution, international issues, and more. With a range of industry niches represented and a wealth of useful sample agreements, Legal Strategies for the Insurance Industry combines legal expertise with business savvy into an indispensable resource for both insurance attorneys and their clients.About Inside the Minds: Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book.Table of Contents: David A. Attisani, Choate Hall & Stewart LLP—“The Reinsurance Point of View;” Alan F. Berliner, Thompson Hine LLP—“Keys to Dealing with State Insurance Departments”; Jim Cooper, Gardere Wynne Sewell LLP—“The Customer's Perspective: Making the Most of Insurance Coverage”; Paul R. Koepff, O'Melveny & Myers LLP—“Legal Strategies for the Property and Casualty Insurance Industry”; Scott DeVries, Nossaman Guthner, Knox & Elliot LLP—“Understanding Risk and Minimizing Exposure”; Jeff Stuart Liebmann, Dewey Ballantine LLP—“Protecting Against Problems: Specialized Due Diligence”; James F. Jorden, Jorden Burt LLP—“Litigation and Regulatory Issues for Insurance Companies”; Greg Mitchell, Frost Brown Todd LLC—“Legal Perspectives of Risk Management”; H. Marc Tepper, Buchanan Ingersoll—“Adding Value for the Client”; James R. Woods, LeBoeuf, Lamb, Greene & MacRae, LLP—“Providing Business Solutions from a Legal Perspective.”




Winning Legal Strategies for Insurance Law


Book Description

Winning Legal Strategies for Insurance Law is an authoritative, insider's perspective on the best practices for insurance companies to stay in compliance with state regulations.? Featuring partners and chairs from some of nation's leading firms, these experts guide the reader through the intricacies of an insurance lawsuit, including important aspects of state regulations, insurance coverage disputes, and working with authorities to ensure compliance.? These top lawyers give tips on The Insurance Holding Company Act, The Statutory Account Principles, and Spoliation Laws. Additionally, these leaders reveal their strategies for planning defensively, keeping abreast of change, and finding creative solutions in a variable area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field.




Insurance Claims & Disputes


Book Description




Insurance Law Client Strategies


Book Description

Insurance Law Client Strategies is an authoritative, insiders perspective on best practices for counseling both policyholders and insurance companies on claims and policy disputes. Featuring partners and chairs from some of the nations leading law firms, these experts guide the reader through developing a client/attorney relationship, maximizing the value of the attorney, and analyzing the intricacies of insurance law. From formulating case strategy to determining settlement vs. litigation, these leaders offer expertise on drafting insurance policies, analyzing coverage, and assessing regulations. These top experts offer a clear understanding for the many components of insurance law involving regulatory filings, corporate merger agreements, employee claims, the appeals process, and reinsurance issues. Additionally, these top lawyers give tips on the importance of evaluating documentation, decoding insurance polices, and understanding the impact of financial implications.




Modern Captive Insurance


Book Description

Insurance is a sophisticated financial vehicle that can be best understood through the lens of risk management. Experiencing dramatic growth, captive insurance is owned and controlled by its insureds, pooling the risks of its owners. Captive insurance provides businesses with unmatched flexibility regarding coverage, claims, premium, and control, while also offering advantages such as lucrative dividends and innovative financing techniques. This state-of-the-art guide traces the development of small captive insurance and addresses how to set up and properly manage a captive. Modern Captive Insurance: A Legal Guide to Formation, Operation, and Exit Strategies, begins with an overview of what captive insurance is and detail the advantages in setting up a captive for a range of different business situations. Chapters explain how to incorporate and start up a new captive insurance program, including basic terminology and the roles different professionals play in running captive programs. Captive insurance is an intricate yet effective risk management strategy. For guidance in properly establishing a captive, the authors address critical issues evaluated by the IRS, such as risk shifting and distribution, and explore ethical considerations arising out of off-shore captive management, such as how to identify money laundering red flags and how to properly manage the investments of reserves. Modern Captive Insurance takes an in-depth look at the topics and issues that are common in insurance and in businesses, but are often handled differently for captives, such as: Financial statements, investments, and financial ratings Policy drafting and coverage Risk pools and structuring the pooling arrangement to be valid Federal, state and local taxation Tax-exempt organizations Risk retention groups (RRP) Reinsurance, and more Table of Contents Chapter 1: Captive Company Formation Chapter 2: Captives and Capitalists Chapter 3: Risk Pools Chapter 4: Financial Statements, Investments, and Financial Ratings Chapter 5: Policy Drafting and Coverage Chapter 6: Underwriting and Claims Reserving Chapter 7: Federal Income Tax and Captives Chapter 8: State and Local Captive Insurance Issues Chapter 9: Tax-Exempt Organizations and Captive Insurance Chapter 10: Risk Retention Groups and How They Work Chapter 11: Reinsurance Chapter 12: Workers' Compensation and the Grand Bargain Chapter 13: Employee Benefits Conclusion Table of Cases and Index




Underwriters of the United States


Book Description

Unassuming but formidable, American maritime insurers used their position at the pinnacle of global trade to shape the new nation. The international information they gathered and the capital they generated enabled them to play central roles in state building and economic development. During the Revolution, they helped the U.S. negotiate foreign loans, sell state debts, and establish a single national bank. Afterward, they increased their influence by lending money to the federal government and to its citizens. Even as federal and state governments began to encroach on their domain, maritime insurers adapted, preserving their autonomy and authority through extensive involvement in the formation of commercial law. Leveraging their claims to unmatched expertise, they operated free from government interference while simultaneously embedding themselves into the nation's institutional fabric. By the early nineteenth century, insurers were no longer just risk assessors. They were nation builders and market makers. Deeply and imaginatively researched, Underwriters of the United States uses marine insurers to reveal a startlingly original story of risk, money, and power in the founding era.




Understanding the Legal Needs of Insurance Companies


Book Description

Understanding the Legal Needs of Insurance Companies is an authoritative, insiders perspective on the strategic thinking behind serving as in-house counsel for an insurance company. Featuring chief legal officers and general counsel representing a variety of insurance companies across the country, this book provides a broad yet comprehensive overview of the corporate situations that require legal assistance in the insurance industry and the role of general counsel in advising on these issues. Emphasizing the importance of general counsels involvement in regulatory compliance and business development decisions, these leaders offer advice on educating senior management and the board of directors about pivotal legal issues pending in the company or lingering on the political or juridical horizon. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experts offer up their thoughts around the keys to navigating the legal issues associated with doing business in the insurance market.




Insurance Coverage Litigation


Book Description

The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.




Policyholder's Guide to the Law of Insurance Coverage


Book Description

Annotation The first comprehensive guide to insurance law written from the corporate policyholder's perspective, Policyholder's Guide to the Law of Insurance Coverage provides expert guidance through the labyrinth of legal issues surrounding insuring instruments and underlying claims, plus practical strategies and legal arguments to help you secure coverage for contested claims. Policyholder's Guide addresses virtually every insurance-related legal issue you are likely to encounter in the regular course of business, as well as those issues unique to specialized industries or unusual situations including: Liability policies -- Special liability policies -- First-party policies -- Specialty first-party property policies -- Environmental -- Marine and aviation -- Toxic tort -- Copyright claims issues Litigation in insurance coverage disputes. Policyholder's Guide gives you in-depth analysis of the latest court decisions plus current policy language and cutting-edge legal arguments thatyou may use to advance your case. You also get hundreds of case citations, footnotes, cross-references, checklists and other useful aids to make legal research easy.




Insurance Law Deal Strategies


Book Description

Insurance Law Deal Strategies is an authoritative, insiders perspective on successfully analyzing and negotiating insurance disputes. Featuring partners and chairs from some of the nations leading law firms, these experts discuss strategies for protecting ones client and understanding the design, negotiation, and implementation of insurance deals. From analyzing important laws to evaluating the current trends, these experts offer key strategies for structuring deals, preparing negotiations, and determining settlement versus litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this dynamic field.