Full Description
Reinsuring Clauses provides a comparative English/US law study of the full reinsurance clause (as original and follow the settlements/follow the fortunes) and the related matters.
The reinsured's burden of proof of loss in its claim against the reinsurers is often contentious, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book concerns the legal nature of reinsurance agreements, the means by which terms of reinsurance policies can be derived or incorporated from underlying insurances, the effect on judgments, arbitration awards, and settlements on reinsured's claims against reinsurers, variations of the follow the settlements clauses, reinsured's post-settlement allocation of loss in a claim against reinsurers, and the operation of claims provisions. This second edition updates and expands on the content, including a chapter on different types of reinsurance, formation of reinsurance contracts, cut-through clauses, and aggregation clauses. Developments integrated include the presumption of back-to-back cover applied to non-proportionate reinsurance, the meaning of first loss reinsurance explained by the courts, and Section 13A being added to the Insurance Act 2015.
The readership for this book will include insurance and reinsurance practitioners, brokers, students studying insurance and reinsurance law, and academics in this field.
Contents
Preface, Table of cases, Table of legislation, 1. Introduction to Reinsurance Contracts 2. Terms of Reinsurance Contracts 3. The Nature of Facultative Reinsurance 4. Incorporation of Terms from the Original Insurance into Reinsurance Contracts 5. Incorporation in the Law of the United States 6. Follow the Settlements and Follow the Fortunes Clauses 7. Variations and Qualifications of the Follow the Settlements Clause 8. 'Aggregation Clauses' in Reinsurance Contracts 9. Claim Provisions in Reinsurance Contracts 10. Jurisdiction and Choice of Law Clauses in Reinsurance Contracts
