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

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David Scorey QC (Barrister, Barrister, Essex Court Chambers) Richard Geddes (Partner, Partner, Kennedys CMK LLP)

The Bermuda Form

Interpretation and Dispute Resolution of Excess Liability Insurance

David Scorey QC (Barrister, Barrister, Essex Court Chambers), Richard Geddes (Partner, Partner, Kennedys CMK LLP), Chris Harris (Consultant, Consultant, Clyde & Co LLP)

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English

Oxford University Press
22 February 2018

Settlement of international disputes; Insurance law

Providing analysis and interpretation on the construction of the Bermuda Form, this second edition 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. The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. In addition, the second edition reflects the authors recent experience of arbitrations and how disputes have been resolved by arbitrators. Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.

By: David Scorey QC (Barrister Barrister Essex Court Chambers), Richard Geddes (Partner, Partner, Kennedys CMK LLP), Chris Harris (Consultant, Consultant, Clyde & Co LLP)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 249mm, Width: 177mm, Spine: 37mm
Weight: 1g
ISBN: 9780198754404
ISBN 10: 019875440X
Pages: 584
Publication Date: 22 February 2018
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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: The Arbitration Agreement 17: Team Assembly 18: Commencement of the Arbitration 19: Pre-hearing Activities 20: Preparation for and Conduct of the Hearing 21: Awards 22: Interests and Costs 23: Challenges and Enforcement 24: The Arbitrators' Ethical Duties Appendices Appendix: Policy Form Exmplar

David Scorey QC 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 Kennedys CMK LLP. 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 Consultant 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.