Overview

The Bermuda Form catastrophe insurance policy covers liabilities for exposure to catastrophes such as serious explosions or mass tort litigation. It includes a clause requiring disputes to be arbitrated under English procedural rules in London but, very unusually, subject to New York substantive law. This calls for an unusual mix of knowledge and experience on the part of the lawyers involved, each of whom will also be required to confront the many differences between English and US legal culture. A related feature of the Form is that the awards of arbitrators are confidential and not subject to the scrutiny of the courts. Therefore, while many lawyers have been involved in litigating on the Bermuda Form their knowledge remains locked away. Thus, despite its considerable importance, the Bermuda Form is not well understood, a situation not helped by the lack of publications dealing with it. Accordingly, those required to deal with the Form professionally are confronted with a lengthy and complex document, but with very little to aid their understanding of it. This unique and comprehensive work offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This is a book which will prove invaluable to lawyers, risk managers, and executives of companies that purchase insurance on the Bermuda Form, and clients, lawyers or arbitrators involved in disputes arising therefrom.

Full Product Details

Author:   Richard Jacobs ,  Lorelie S. Masters ,  Paul Stanley
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 3.10cm , Length: 23.40cm
Weight:   0.780kg
ISBN:  

9781841134673

ISBN 10:   1841134678
Pages:   400
Publication Date:   15 July 2004
Audience:   Professional and scholarly ,  Professional & Vocational
Replaced By:   9781841138756
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of print, replaced by POD  
We will order this item for you from a manufatured on demand supplier.

Table of Contents

1 Legal and economic background to the Bermuda form; 2 New York law applied in a London arbitration: the legal consequence; 3 The Bermuda Form: its basic structure; 4 The coverage clause (Clause 1); 5 The occurrence definition; 6 Fortuities,expected and intended and the maintenance deductible; 7 Notice of Occurrence; 8 The Limits of Liability Clause (Clause 2); 9 The Exclusions (Clause 4). 10 The Conditions (Clause 5/ 6); 11 Misrepresentation and Non-Disclosure; 12 Waiver, estoppel and reservation of rights; 13 The course and conduct of a London arbitration: English and American cultural differences; 14 Discovery, privilege and waiver of privilege; Appendix 1 Pro-forma documents: notice of occurrence, and notice of commencement of arbitration; Appendix 2 Copies of the policy forms used over the years by Bermuda insurers, ACE and XL

Reviews

It's exciting to find something entirely new and innovativeThe authors have pioneered into an untrod regionThe book has a playful, spirited quality one does not often see in an insurance treatiseits distinguished authors have managed not only to keep the tone fresh and bright but also to pack in a lot of helpful information. Helen Anne Boyer The Insurance Coverage Law Bulletin March 2005

Author Information

Richard Jacobs QC is a Barrister at Essex Court Chambers, specialising in commercial law, including insurance and arbitration law. Lorelie S. Masters is a Partner at Jenner & Block, LLP, in Washington, D.C. Paul Stanley is a Barrister at Essex Court Chambers specialising in commercial law.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions