Claims against insurers have multiplied over the past few decades, as have the strategies of plaintiffs. Extra-Contractual Litigation Against Insurers is a comprehensive guide to new theories used in insurance litigation. It examines both the legal underpinnings of novel causes of action and the practical aspects of bringing claims and defending against them. Topics covered include: the insurer's third-party bad faith in refusing to settle; first-party bad faith in refusing to pay benefits; bad faith claims involving specific lines of insurance; common law claims; unfair claims settlement practices; alternative theories of liability, such as unjust enrichment; and more. The authors provide a detailed discussion of trial tactics, covering each phase of trial from commencing an action through discovery, evidentiary rulings, jury instructions, verdict and damages. Extra-Contractual Litigation Against Insurers provides insights on strategies that will benefit all practitioners in this area. No matter which side you're on, this book will help you assess the viability of a claim and represent your clients effectively.

This new edition of the text offers guidance on punitive damages, failure of good faith by the insured, insolvency or bankruptcy of the primary insurer, expert testimony, and other topics. It reflects the latest trends in the area, and provides checklists for bad faith or negligence review and for investigation of excess liability claims.

Extracontractual Claims Against Insurers is an authoritative, insiders perspective on the best practices for defending insurers facing bad faith litigation and the potential for punitive damages. Featuring partners and shareholders from some of the nations leading law firms, these experts guide the reader through their strategies for handling claims against insurers for allegedly failing to handle or pay claims properly and offer advice on helping clients prevent or minimize their susceptibility to litigation. From understanding bad faith trends and analyzing the impact of recent case decisions to developing an appropriate defense strategy for each client, these authors discuss the types of claims that currently dominate the legal landscape, and negotiation and settlement options in these scenarios. Additionally, these top lawyers reveal their predictions for the continued evolution of bad faith claims in the insurance arena and make recommendations for staying ahead of these changes to address client concerns. 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 navigating this ever-evolving area of law.

Drawn from a 1982 national meeting, this work covers punitive damages, excess of policy limits, discovery techniques, reinsurance indemnity, "bad faith" cases, preventive measures, and property insurance cases.

In todayand’s insurance coverage litigation environment, the practitioner who needs to determine what isand—and is notand—covered under various policy provisions is up against some formidable challenges. Literally thousands of cases on insurance issues find their way into courtrooms every year, and the decisions can be as difficult to decipher as they are to track. Find the authoritative guidance you need with Ostrager and Newmanand’s Handbook on Insurance Coverage Disputes. This three-volume resource helps you quickly and easily pinpoint detailed analysis of lead cases in key jurisdictions, provides excerpts from standard insurance policies, including critical commentary on key provisions, and offers insights into planning and implementation of successful litigation strategies. Ostrager and Newmanand’s Handbook on Insurance Coverage Disputes, Seventeenth Edition addresses todayand’s critical coverage issues, such as: The Insurerand’s Duty to Defend Trigger and Scope of Occurrence-Based Coverage Bad Faith and Wrongful Refusal to Settle Property Insurance Rights and Obligations of Co-Insurers Insurability of Punitive Damages Excess Insurance and Analysis of Pollution Exclusions Directors and Officers Coverage Employee Discrimination and Sexual Harassment Claims Make the Handbook on Insurance Coverage Disputes your one-stop source for the current state of the law on: The effect of a reservation of rights letter...disclaimer and denials of coverage The rules governing all aspects of giving notice of a claim including mechanics of language and timelines Effect of misrepresentations and omissions in insurance applications Reverse bad faith and contributory bad faith Reinsurance The legal issues presented in litigation involving hazardous waste and environmental cleanup Coverage provided by general liability insurance, including personal injury and advertising injury coverage Rules for apportioning the cost of defense among insurers

This work offers a compendium of annotations of first-party extra-contractual damage cases, focusing on cases which deal with the insurers duty to act in good faith towards its insureds and the recovery of damages for insured for the insurer's failure to do so. It includes relevant statutes and regulations from the 51 jurisdictions.