Race to courthouse may result in needless fees; coverage litigation often entails overbroad claims, defenses and mammoth discovery demands
Article Abstract:
Effective management of insurance coverage disputes can avoid long and costly litigation rife with such tactics as discovery abuse. Rules of thumb for effective dispute management include understanding the coverage issues on both sides early, reading the entire policy with care and having an early dispute resolution team involving inside counsel, the insurance broker and a senior executive not involved with the case. If litigation seems unavoidable, it is important not to make it more difficult to settle and have broader discovery than is necessary by overstating the case. Other possible discovery abuses and trial strategies are detailed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Getting reinsurers to pay: do the Brits do it better? U.S. lawyers for American creditors of the KWELM insurance liquidation are pleased with the payout plan
Article Abstract:
The British KWELM scheme of arrangement seems to be speedier and in some ways fairer than comparable US-law liquidations of insurers, which can drag on for decades. US creditors had to use the British system when the House of Lords declared US claims had rights to the British bail-out fund, and liquidators won an injunction blocking US litigation. The British system merely requires court approval for a contract between the insurer and its creditors, while the US system involves extensive court oversight. The KWELM group includes Kingscroft, Walbrook, El Paso, and Lime Street Insurance Cos. and Mutual Reinsurance Co. Ltd.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Insureds likely to be liable for gaps in coverage; a company that self-insures or goes bare for a time typically is deemed to have assumed risk
Article Abstract:
Courts in insurance disputes are increasingly facing the issue of coverage gaps and usually pro-rating to the tortfeasor for uninsured times. This solution relies on the policy period limitation in insurance contracts. The defense of unavailability of coverage that policyholders often use to avoid liability for coverage gaps does not hold water. There is evidence that special lines of insurance have been developed to meet market needs and some insurers have met demand with special risk-retention pools and multiline policies.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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