Reinsurance practice and the law
Reinsurance practice and the law is a comprehensive text that has been specially designed to offer you sound advice and coverage of every area of reinsurance law. Offering a clear explanation of the basics of reinsurance contracts, including the relationships between the parties and various types of contracts, this new edition is up-todate with all the latest legal developments, including the house of lords' decision in wasa v lexington. ( http://www.bharatbook.com/
Written by the reinsurance team at barlow lyde & gilbert llp, with a foreward by rolf tolle of lloyd's, this book concentrates throughout on how the law relates to actual market practice. It will guide you through the pitfalls of forming and negotiating reinsurance agreements, highlighting problem areas in wordings. It also tackles areas as diverse as dispute resolution and the liabilities of intermediaries and includes sections on the chinese market, singapore and hong kong law.
Reinsurance practice and the law is an essential reference source for any busy insurance or reinsurance professional.
Key chapters of the report :
Part 1—reinsurance contracts, markets and participants
1. Introduction to and overview of reinsurance
2. The participants and common reinsurance arrangements
3. Global reinsurance markets
4. Types of reinsurance contracts
5. Types of reinsurer, authorisation and regulation
6. Underwriting agents
7. The reinsurance broker
Part 2—making the reinsurance contract
8. Essential ingredients of a reinsurance contract
9. Joint and composite policies and reinsurance for common
10. Utmost good faith at placement: disclosure and representations
11. Making the contract: placement
12. Recording the contract: the slip and the wording
13. Broker’s cover notes
14. Contract certainty
Part 3—interpreting the reinsurance contract
15. General rules of interpretation of terms
16. Incorporation of terms
17. Types and classification of terms
18. Common terms that delimit the scope of cover and other miscellaneous clauses
19. Duties between placement and the making of claims
20. Choice of law
Part 4—premium, brokerage and commission
21. Premium
22. Brokerage and commissions
Part 5—lloyd’s
23. Lloyd’s
Part 6—reinsurance alternatives
24. Alternative risk transfer
Part 7—claims
25. Claims notification, co-operation and control provisions
26. Good faith and claims
27. Claims allocation
28. Aggregation
29. Loss settlement provisions
30. Inspection provisions
31. Market practices as to presentation and settlement of claims
32. Set-off, offset and funding
33. Letters of credit and other security provided by reinsurers
Part 8—expiry and termination of the reinsurance contract
34. Expiry, exhaustion and termination of the reinsurance contract
35. Commutations and negotiated settlements
Part 9—transfer, run-off and insolvency
36. Run-off
37. Transfer of the reinsurance risk
38. Insolvency procedures and techniques in reinsurance
39. Cross-border insolvency
Part 10—remedies and resolving disputes
40. Remedies for breach of duties and contractual terms
41. Loss of remedies
42. Limitation
43. Methods of resolving reinsurance disputes
44. Arbitration procedure
45. Litigation in the commercial court
46. Alternative dispute resolution
47. Jurisdiction and jurisdiction disputes
48. Effective litigation management
49. Enforcement of court judgments and arbitration awards
50. Reinsurance dispute resolution in the united states
51. Reinsurance regulation, law and dispute resolution in the peoples republic of china
52. The insurance and reinsurance markets in singapore and hong kong
Part 11—proposals for legal reform
53. The english and scottish law commissions’
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