Millennium Insurance


Book Description




Insurance Practice for the Millennium


Book Description

Whether as an insurance consultant or a witness on the stand in a civil trial, I rely to a great extent on my 27-year career in the property and casualty industry. More importantly, the variety of experiences encountered during those 27 years, in various positions and levels of responsibility, provided a unique perspective on the extent to which attorneys and claim representatives/adjusters effectively carry out their respective obligations to their clients and customers. Successful organizations are those that are characterized by an ongoing search for a better way to conduct the business in which they are engaged. A "better way" does not come about by chance. The failure to constantly assess the changing factors in the environment in which they conduct their business will surely lead to stagnation, minimal success rates and even worse - failure! Having served in a wide variety of capacities in the property and casualty claim arena, I've been in a position to observe the effect that rapidly changing factors have had in this business environment. It has been increasingly difficult for attorneys and adjusters to find that common ground necessary to bring about time-efficient and mutually agreeable resolutions of their cases. The adjuster you interacted and negotiated with five, ten or fifteen years ago is not the same adjuster you deal with today. Their training and the technical resources at their disposal today make them a more formidable adversary. On the other hand, insurance companies expect a great deal more from these individuals as a result of the investment the companies have made in these training and technical resources. The companies appear to be operating from a perspective that these new resources they have provided to their claim staffs should allow them to be more efficient, i.e. handle more cases more expeditiously. The reality is that despite these advances in the resources at the adjuster's disposal, they must still operate in a one-on-one adversarial, give and take setting in order to successfully resolve their cases. By way of first hand observations throughout my career and the feedback received from numerous attorneys in the plaintiffs' bar, it is becoming exceeding more difficult to interact and amicably resolve their cases with today's claim staff. What I hope to achieve in this writing is to give you a better insight into today's claims adjuster, to include the nature and extent of their training, the new technical resources available to them, how they are evaluated, how their cases are evaluated today, and a number of suggestions as to how to achieve a win-win resolution of your clients' cases. You will also be taken on an insider's tour of today's claim organization and structure and the unique world of insurance company financials. Today's difficult claim/legal environment came about as a result of the failure of both camps to understand and keep pace with the rapid rate of change that has occurred. Take this opportunity to analyze the inner workings of today's claim organization from a new perspective. Leverage some or all of these concepts to enhance your effectiveness. Ask yourself if there is indeed a "better way".







Insurance Claims


Book Description

Now in its Fifth Edition, Insurance Claims by Alison Padfield QC is a practitioner focused text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is an indispensable resource for those involved in the daily application of the law, whether as solicitors, barristers or insurance claims handlers. With significant developments in insurance law and a multitude of cases since the Fourth Edition, the new Fifth Edition: - Covers cases on the Insurance Act 2015, the Third Parties (Rights Against Insurers) Act 2010, and the Consumer Insurance (Disclosure and Representations) Act 2012 - Examines recent decisions of the Supreme Court, including The Financial Conduct Authority v Arch Insurance (UK) Ltd (the 'FCA Test Case') [2021] UKSC 1, and Privy Council, and also those handed down by the Court of Appeal - Is fully updated with coverage of all significant recent decisions - Covers claims against insurers and insurance brokers - Explains the meaning of terms and concepts in plain English, making it accessible to lawyers and non-lawyers alike Cases in the Supreme Court and Privy Council added since the last edition include: - The FCA Business Interruption Insurance Test Case [2021] UKSC 1 – construction of insurance contracts, causation including proximate cause & business interruption insurance - Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 – principles governing recusal of arbitrators where multiple arbitrations with same or overlapping subject matter - Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) [2020] UKSC 11 – jurisdiction under Brussels Regulation (Recast) - Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 – non-party costs orders against liability insurersPerry v Raleys Solicitors [2019] UKSC 5 – professional negligence damages - Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The B Atlantic [2018] UKSC 26 – construction of insurance contracts & exclusion clauses - Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses - Gard Marine & Energy Ltd v China National Chartering Co Ltd [2017] UKSC 35 – waiver of rights of subrogation - AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses - Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd [2017] UKPC 10 – construction of contractors' all risks policy - Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 – construction of insurance contracts & scope of cover/exclusion clauses Significant Court of Appeal decisions added for this new edition include: - Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 – reinstatement/betterment in property damage insurance - Manchikalapati v Zurich Insurance Plc [2019] EWCA Civ 2163 - construction of building guarantee insurance - Euro Pools plc v Royal & Sun Alliance plc [2019] EWCA Civ 808 – notification of claims in professional indemnity insurance - Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 – reinsurance of 'Fairchild enclave' employers' liability claims - Allianz Insurance Plc v Tonicstar Ltd [2018] EWCA Civ 434 – qualification of arbitrators - Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 – aggregation clauses - Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – insurance claims conditions and 'duty to speak' estoppel - AXA Versicherung Ag v Arab Insurance Group [2017] EWCA Civ 96 – pleading & proving inducement - W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd (No 2) [2017] EWCA Civ 25 – liability insurance & ascertainment of loss - Zurich Insurance plc v Maccaferri [2016] EWCA Civ 1302 – notification of claims A wealth of Commercial Court and Technology and Construction Court decisions are also covered, along with selected decisions from other jurisdictions including Scotland, Australia and New Zealand which are likely to be of interest to practitioners in England and Wales. Written by Alison Padfield QC, an authoritative author with extensive experience in insurance law, the new Fifth Edition will appeal to insurance lawyers, both solicitors and barristers in practice and in-house, insurance professionals, eg claims handlers and brokers, and insurance law students.







Marine Insurance at the Turn of the Millennium


Book Description

Both volumes present an in depth analysis of actual marine insurance relative to hull insurance, cargo insurance and P&I insurance. The impact of European law on marine insurance and, more specifically, European Competition Rules in relation to P&I insurance are covered. In addition, specific issues such as the future Belgian Marine Insurance statute and the Antwerp Marine Policy are dealt with. The subjects are covered in a broad comparative law perspective, combining practice and theory. Also topics such as the ISM code and its relation to marine insurance and the position of classification societies and quality insurance are considered.




Year 2000


Book Description

The new millennium. The Year 2000. Beyond Mayan prophecies, a more immediate danger loomed: Two-digit year date fields had been used by software programmers for decades to conserve expensive computer storage space. As a consequence, legacy systems reading “00” on January 1, 2000 would most probably interpret the date as 1900. Infrastructures critical to civilization—including heat, electricity, water and sanitation—were at risk, all complete unknowns. There was fear of an accidental nuclear arms deployment. There was fear of monetary systems being jeopardized, infrastructure collapse, internet security failures, and interruption of government-provided social programs. Banks experienced massive cash withdrawals while law firms worked overtime to develop novel litigation plans. Insurance enterprises worried. Year 2000: The Inside Story of Y2K Panic shares the untold story of the actors operating on the global stage responsible for managing computer hardware and software for Year 2000 compliance, thus keeping national infrastructures, finance, and commerce functioning. It turned out that the world did not end January 1, 2000. In fact, most people rang in the new year with the perception that nothing happened at all. This positive outcome was not a stroke of luck, nor was it because people overestimated or exaggerated Y2K risk. It was only possible because people across industries, from legal clerks to programmers to President Bill Clinton himself, worked tirelessly to offset disaster. But the Millennium did not pass completely harmlessly: it turns out that the United States, for a brief period, lost all satellite reconnaissance at 7:00 PM EST, December 31, 1999 (midnight GMT 01/01/2000). As a leading consultant and speaker on the challenges of Y2K during the lead-up to the new millennium, author Nancy P. James was directly involved in preparation for Y2K on the local and global stage. Using first-person experience, primary source documents outlining Y2K issues, anxieties, and the actions, influences, opinions, and strategies of those involved, James reveals the untold story of the behind-the-scenes scramble that made Y2K – seemingly – come and go, and offers stark lessons on how the global community can unite to face problems that challenge our world at large. James tells the contemporaneous story of those national and international Y2K actors who at the time did not know the outcome of the Year 2000 computer problem.







The Sword


Book Description

BALANCING THE FATE OF THE WORLD ON THE EDGE OF ITS BLADE 'His Heart was beating like a drum at dawn. Something clawed at his stomach, something with talons from his worst nightmares.’ An invitation to visit one of Cairo's antiquarian booksellers sets in train a series of terrifying ordeals for Jack Goodrich. Having been shown a priceless sword claimed to have belonged to the Prophet Muhammad, Jack returns home brimming with excitement. But that's when the nightmare begins… A dangerous new movement within the ranks of fundamentalist Islam wish to put a new Caliph on the throne, to rule the Muslim world. To do this they require the Sword, and they will stop at nothing to get it. With the deadliest of weapons in his hands, if the new Caliph were to declare jihad, the consequences would be catastrophic. A tense and gripping thriller on a truly international scale that poses a chilling question: how can you stop a holy war before it starts? Praise for Daniel Easterman 'Daniel Easterman has a string of taut, exotically plotted, international thrillers to his credit... He can weave a web of suspense, laced with historical and mythological reference that baits the imagination, satisfactorily embroidered with bullet holes and bloodshed. All cracking examples of the genre'—The Times 'Daniel Easterman's thrillers are never less than enthralling, elegantly written and frighteningly credible'—Val McDermid




Life from Our Land


Book Description

Voices from every direction beckon us, even push us, toward better and faster technology, with the promise of more wealth, more pleasure, and, consequently, more happiness. But have we become so bewitched by the siren song of material progress that we've lost the ability not just to achieve, but to discern what true happiness is? What criteria do we use to plan for the future, for retirement? At the end of our earthly lives, how will we measure our fruitfulness? In this book Marcus Grodi discusses what he and his family discovered, mostly by surprise, after moving from the city to twenty-five acres of Ohio farmland. This move involved a radical shift in priorities for all of them, but mostly it helped them to discover some critical truths about our relationship to nature and to nature's Creator that apply regardless of where a person lives. He offers wonderful reflections on his going-back-to-the-land experience as a metaphor for drawing closer to God.