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

Providing analysis and interpretation on the construction of the Bermuda Form this new and updated 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.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. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length.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.Part I: The Bermuda Market and Form1. Introduction to the Bermuda Market2. Introduction to the Bermuda FormPart II: The Bermuda Form in Detail3. Conflict of Law Issues: Substantive Issues vs Procedural Issues4. Law of Construction and Interpretation Clause5. The Coverage Clause6. The Occurrence Reported Trigger7. Occurrence Definition8. Integration and Aggregation9. Requirement of Notice of Claim10. Attachment Point, Underlying Coverage and Limits of Liability11. Exclusions from Coverage12. Conditions under the Bermulƒz