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Reinsurance of declaratory judgment action expenses in environmental coverage actions: arguments and case law

Article Abstract:

The increase in environmental cleanup litigation has led to related suits between policyholders and insurers over the payment of declaratory judgment expenses potentially covered by reinsurance. Since these suits are likely to be resolved on an individual basis according to specific case facts, reinsurers should consider redrafting documents or supplementing contracts so as to cover or exclude declaratory damages. The pro and con arguments regarding declaratory judgment expense recovery are presented.

Author: Soderstrom, Robert S., Baldwin, Shaun McParland
Publisher: Federation of Defense and Corporate Counsel
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
Cases, Bioremediation, Judgments, Declaratory, Declaratory judgments

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Recent developments in English reinsurance law

Article Abstract:

UK litigation has led to a number of developments in the area of reinsurance law, particularly with regards to so-called "follow the settlement" clauses, material non-disclosure, and aggregation. The nondisclosure principles underpinning the Pan Atlantic and St. Paul cases are discussed, along with the Scor decision on reinsurance settlement clauses and several US and UK cases on aggregation.

Author: Braithwaite, Christopher, Langton, Timothy S.
Publisher: Federation of Defense and Corporate Counsel
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1996
United Kingdom, Interpretation and construction, Insurance law

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Challenging the qualifications of the reinsurance arbitrator

Article Abstract:

The authors discuss the frequent use of arbitration to settle reinsurance disputes and focus on law and procedures concerning the qualifications of arbitrators.

Author: Kareken, Mark Charles, Soderstrom, Robert S., Duffy, Michael J.
Publisher: Federation of Defense and Corporate Counsel
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 2000
United States, Insurance, Insurance Carriers and Related Activities, Standards, Insurance industry, Negotiation, mediation and arbitration, Commercial arbitration, Arbitrators

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Subjects list: United States, Laws, regulations and rules, Reinsurance, Insurance
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