The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance

Author:   David Scorey (Barrister, Essex Court Chambers, London) ,  Richard Geddes (Partner, Sedgwick LLP, Chicago) ,  Chris Harris (Partner, Clyde & Co LLP, London)
Publisher:   Oxford University Press
ISBN:  

9780199583614


Pages:   512
Publication Date:   06 October 2011
Format:   Hardback
Availability:   Awaiting stock   Availability explained


Our Price $660.00 Quantity:  
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The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability Insurance


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Overview

Providing analysis and interpretation on the construction of the Bermuda Form this book also addresses the dispute resolution process and covers the legal and practical issues which arise in the international arbitration of large and complex disputes under it. Since the Bermuda Form was developed in response to the collapse of the US excess liability insurance market it has become an industry standard on which such insurance is written. Bermuda Form arbitrations have since been conducted in London or Bermuda over a period of more than 20 years and represent hugely detailed, complex, lengthy and expensive pieces of litigation. This book is a valuable guide even for experienced practitioners in this difficult area of the law, adding significantly to the nascent body of information on the analysis, interpretation and construction of the Bermuda Form.

Full Product Details

Author:   David Scorey (Barrister, Essex Court Chambers, London) ,  Richard Geddes (Partner, Sedgwick LLP, Chicago) ,  Chris Harris (Partner, Clyde & Co LLP, London)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.60cm , Height: 4.30cm , Length: 24.30cm
Weight:   1.030kg
ISBN:  

9780199583614


ISBN 10:   0199583617
Pages:   512
Publication Date:   06 October 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Awaiting stock   Availability explained

Table of Contents

Part I: The Bermuda Market and Form 1: Introduction to the Bermuda Market 2: Introduction to the Bermuda Form Part II: The Bermuda Form in Detail 3: Conflict of Law Issues: Substantive Issues vs Procedural Issues 4: Law of Construction and Interpretation Clause 5: The Coverage Clause 6: The Occurrence Reported Trigger 7: Occurrence Definition 8: Integration and Aggregation 9: Requirement of Notice of Claim 10: Attachment Point, Underlying Coverage and Limits of Liability 11: Exclusions from Coverage 12: Conditions under the Bermuda Form 13: Misrepresentation and Non-Disclosure 14: Waiver / Estoppel 15: Use of the Bermuda Form for Reinsurance Part III: Dispute Resolution Under the Bermuda Form 16: Conflict of Law Issues 17: The Arbitration Agreement 18: Team Assembly 19: Commencement of the Arbitration 20: Pre-hearing Activities 21: Preparation for and Conduct of the Hearing 22: Awards 23: Challenges and Enforcement 24: The Arbitrators' Ethical Duties Appendices 1: Policy Form Exemplar

Reviews

This new publication will, without doubt, be universally welcomed by all those who regularly deal with the Bermuda Form policy and issues arising out of it, be they policyholders, insurers, brokers, lawyers or academics...the authors...are able, with their combined expertise, to adopt a necessary and yet seamlessly transatlantic approach to their analysis. The book is well structured and comprehensive, and goes beyond the usual parameters to include, for example, a useful chapter on the use of the form for reinsurance...This book will provide a most valuable additional tool to all those who work in this field. Susannah Wakefield, TaylorWessing


This new publication will, without doubt, be universally welcomed by all those who regularly deal with the Bermuda Form policy and issues arising out of it, be they policyholders, insurers, brokers, lawyers or academics...the authors...are able, with their combined expertise, to adopt a necessary and yet seamlessly transatlantic approach to their analysis. The book is well structured and comprehensive, and goes beyond the usual parameters to include, for example, a useful chapter on the use of the form for reinsurance...This book will provide a most valuable additional tool to all those who work in this field. * Susannah Wakefield, TaylorWessing * iThe Bermuda Formr is a tour de force on the interaction of English procedural law and New York substantive law. The clause-by-clause in-depth analysis of the various terms of iThe Bermuda Formr is excellent. * Rob Merkin, Journal of Business Law *


This new publication will, without doubt, be universally welcomed by all those who regularly deal with the Bermuda Form policy and issues arising out of it, be they policyholders, insurers, brokers, lawyers or academics...the authors...are able, with their combined expertise, to adopt a necessary and yet seamlessly transatlantic approach to their analysis. The book is well structured and comprehensive, and goes beyond the usual parameters to include, for example, a useful chapter on the use of the form for reinsurance...This book will provide a most valuable additional tool to all those who work in this field. * Susannah Wakefield, TaylorWessing * iThe Bermuda Formr is a tour de force on the interaction of English procedural law and New York substantive law. The clause-by-clause in-depth analysis of the various terms of iThe Bermuda Formr is excellent. * Rob Merkin, Journal of Business Law *


Author Information

David Scorey is a member of Essex Court chambers and has a wide-ranging practice in international and domestic commercial law, litigating in both domestic courts and tribunals in addition to international arbitrations. He has acted in a wide variety of commercial disputes including insurance and reinsurance, particularly in respect of high level excess liability insurance on the Bermuda Form. Richard Geddes is a Partner at Sedgwick LLP and co-chair of the firm's International Counseling and Arbitration Practice Group. He practices primarily in the areas of Insurance and Reinsurance counselling, litigation and arbitration and has extensive experience in coverage analysis, policy drafting, and claims management involving a wide variety of coverages. Chris Harris is a litigation Parner at Clyde & Co with extensive commercial, insurance and reinsurance experience. He acts for major London, European, US and Bermudian insurers and his practice involves litigation and arbitration work.

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