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Author: George J. Kenny Publisher: New Jersey Law Journal ISBN: 9781628810455 Category : Languages : en Pages : 0
Book Description
"New Jersey Insurance Law" provides comprehensive, accurate and in-depth information about insurance policies, issues and law in New Jersey. This annual paperback provides the most updated information in the most reader-friendly format ""Particularly useful are the chapters on specific types of policies. In this area, perhaps, the book achievesits ultimate purpose of bringing together in one place the many disparate threads of insurance practice." -- Steven M. Richman, Duane Morris, LLP, New Jersey Law Magazine" ""This book provides a comprehensive overview of the key precedentialdevelopments in insurance coverage law and is a fundamental starting point for all aspects of research and knowledge in this practice area." -- Kimberly M. Parson, of Smith, Stratton, Wise, Heher & Brennan, LLP ""
Author: George J. Kenny Publisher: New Jersey Law Journal ISBN: 9781628810455 Category : Languages : en Pages : 0
Book Description
"New Jersey Insurance Law" provides comprehensive, accurate and in-depth information about insurance policies, issues and law in New Jersey. This annual paperback provides the most updated information in the most reader-friendly format ""Particularly useful are the chapters on specific types of policies. In this area, perhaps, the book achievesits ultimate purpose of bringing together in one place the many disparate threads of insurance practice." -- Steven M. Richman, Duane Morris, LLP, New Jersey Law Magazine" ""This book provides a comprehensive overview of the key precedentialdevelopments in insurance coverage law and is a fundamental starting point for all aspects of research and knowledge in this practice area." -- Kimberly M. Parson, of Smith, Stratton, Wise, Heher & Brennan, LLP ""
Author: George J. Kenny Publisher: New Jersey Law Journal ISBN: 9781628815436 Category : Languages : en Pages : 1102
Book Description
New Jersey Insurance Law provides comprehensive, accurate and in-depth information about insurance policies, issues and law in New Jersey. This best-selling title covers: Fundamental Principles of Coverage Rights of Insurers: Obligations of Insureds Obligations of Insurers: Rights of Insureds Duty to Defend Bad Faith Agents and Brokers Procedures: Enforcement and Defense General Liability (CGL) Policies Environmental Insurance Coverage Motor Vehicle Liability Policies Personal Injury Protection (PIP) Coverage Uninsured and Underinsured Motorists Life, Health, and Disability Insurance Homeowner Policies Professional Liability Policies Fire Insurance Policies Additional Insurance Issues (Reinsurance, Excess Insurance, Employment Insurance Issues, Property Insurance) "Particularly useful are the chapters on specific types of policies. In this area, perhaps, the book achieves its ultimate purpose of bringing together in one place the many disparate threads of insurance practice." - Steven M. Richman, Duane Morris, LLP, New Jersey Law Magazine "This book provides a comprehensive overview of the key precedential developments in insurance coverage law and is a fundamental starting point for all aspects of research and knowledge in this practice area." - Kimberly M. Parson, of Smith, Stratton, Wise, Heher & Brennan, LLP
Author: George J. Kenny Publisher: New Jersey Law Journal ISBN: 9781628814101 Category : Insurance law Languages : en Pages : 0
Book Description
New Jersey Insurance Law provides comprehensive, accurate and in-depth information about insurance policies, issues and law in New Jersey. This best-selling title covers: Fundamental Principles of Coverage Rights of Insurers: Obligations of Insureds Obligations of Insurers: Rights of Insureds Duty to Defend Bad Faith Agents and Brokers Procedures: Enforcement and Defense General Liability (CGL) Policies Environmental Insurance Coverage Motor Vehicle Liability Policies Personal Injury Protection (PIP) Coverage Uninsured and Underinsured Motorists Life, Health, and Disability Insurance Homeowner Policies Professional Liability Policies Fire Insurance Policies Additional Insurance Issues (Reinsurance, Excess Insurance, Employment Insurance Issues, Property Insurance) "Particularly useful are the chapters on specific types of policies. In this area, perhaps, the book achieves its ultimate purpose of bringing together in one place the many disparate threads of insurance practice." - Steven M. Richman, Duane Morris, LLP, New Jersey Law Magazine "This book provides a comprehensive overview of the key precedential developments in insurance coverage law and is a fundamental starting point for all aspects of research and knowledge in this practice area." - Kimberly M. Parson, of Smith, Stratton, Wise, Heher & Brennan, LLP
Author: Gregory Lois Publisher: Createspace Independent Publishing Platform ISBN: 9781519789051 Category : Languages : en Pages : 198
Book Description
THE MOST PRACTICAL, up-to-date and easy-to-understand guide to New Jersey workers' compensation claims. This book is designed for employers, attorneys, claims adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New Jersey attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions; and a full description of current practice and procedure. This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners. This edition contains an updated table of maximum benefits and word index. [Revision date: December 5, 2015]
Author: Examreview Publisher: Createspace Independent Publishing Platform ISBN: 9781522822615 Category : Languages : en Pages : 156
Book Description
We create these self-practice test questions module (with 150+ questions) referencing both the principles/concepts as well as some state specific information currently valid in the corresponding insurance business, plus surplus lines specific regulations (the primary focus of the exam is on surplus lines specific rules, but knowledge on the principles and concepts of insurance are also necessary in order to truly comprehend the relevant disciplines). Each question comes with an answer and a short explanation which aids you in seeking further study information. For purpose of exam readiness drilling, this product includes questions that have varying numbers of choices. Some have 2 while some have 5 or 6. We want to make sure these questions are tough enough to really test your readiness and draw your focus to the weak areas. You should use this product together with other study resources for the best possible exam prep coverage.
Author: Gary L. Wickert Publisher: Juris Publishing, Inc. ISBN: 1578233631 Category : Law Languages : en Pages : 1616
Book Description
Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Author: Gary L. Wickert Publisher: Juris Publishing, Inc. ISBN: 1578233550 Category : Actions and defenses Languages : en Pages : 1630
Book Description
Automobile Insurance Subrogation: In All 50 States is the most thorough, comprehensive, and ambitious anthology of subrogation-related legal information and insurance resources ever put to paper. It is the last and most anticipated of the subrogation trilogy, and a book which will serve as the “bible” for any insurance company writing personal lines or commercial auto policies. It is destined to become the standard work and reference for attorneys, insurance companies, and subrogation industry professionals. Every year there are more than 7 million auto accidents in the United States with a financial toll of more than $300 billion. Nearly 3 million people are injured and 42,636 people are killed. In the overwhelming majority of these accidents there is at least one party at fault. For virtually every one of these accidents, a policy of automobile insurance provides some sort of claim payments or benefits. In the vast majority of those claims, one or more insurance policies and/or applicable state law grants the insurer a right of subrogation against a negligent third party whose carelessness caused the accident. This book is the bible on subrogating those claims. This book covers the nuts and bolts of auto subrogation in all 50 states, covering every topic imaginable -- including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation and more. It surveys the laws of every state and provides descriptions of every type of auto coverage imaginable, as well as the statutory, case law, and regulatory authority governing every aspect of auto subrogation. If you have subrogation responsibility involving auto claims, you need this book. It universally covers issues which are indelibly interwoven into the business of auto insurance, including a complete treatment of the laws of all 50 states and the District of Columbia relating to: • Basic and Statutory Subrogation Rights • Mandatory vs. Optional Insurance Coverage • No-Fault Laws, PIP, Mini-Torts, and Loss Transfer Laws • Tort Limitations • Medical Payments Coverage and Subrogation • Uninsured/Underinsured Motorist Coverage and Subrogation • Collision/Property Subrogation • Release of Tortfeasor by Insured • Accord and Satisfaction: Accepting Partial Payments from Tortfeasor • Made Whole Doctrine • Common Fund Doctrine • Economic Loss Doctrine • Deductible Recovery and Reimbursement • Collateral Source Rule • Contributory Negligence/Comparative Fault • Seat Belt Laws and Defenses • Rental Cars, Loaner Vehicles, and Test Drivers • Bailment/Parking Lot Liability • Negligent Entrustment • Facing Multiple Claims In Excess of Liability Policy Limits • Conflict of Laws/Interstate Subrogation • Recovery of Attorney’s Fees and Costs • Statutes of Limitations It is a complete treatment -- A to Z -- of virtually every issue which the insurance claims or subrogation professional will face in the area of automobile insurance. It is like no legal treatise ever written and promises to be the most used reference in any insurance company.
Author: Eugene R. Anderson Publisher: Wolters Kluwer ISBN: 073551173X Category : Law Languages : en Pages : 2726
Book Description
The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.
Author: George J. Kenny
Author: George J. Kenny
Author: George J. Kenny
Author: New Jersey
Author: George J. Kenny
Author: George J. Kenny
Author: Gregory Lois
Author: Examreview
Author: Gary L. Wickert
Author: Gary L. Wickert
Author: Eugene R. Anderson