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

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

byDavid Scorey, Richard Geddes, Chris Harris

Hardcover | November 20, 2011

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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 andrepresent 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 BermudaForm.The book includes the full text of the Arbitration Act 1996 and the Bermuda Arbitration Act.

About The Author

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...

Details & Specs

Title:The Bermuda Form: Interpretation and Dispute Resolution of Excess Liability InsuranceFormat:HardcoverDimensions:512 pages, 9.69 × 6.73 × 0.03 inPublished:November 20, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199583617

ISBN - 13:9780199583614

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Extra Content

Table of Contents

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 Bermuda Form13. Misrepresentation and Non-Disclosure14. Waiver / Estoppel15. Use of the Bermuda Form for ReinsurancePart III: Dispute Resolution Under the Bermuda Form16. Conflict of Law Issues17. The Arbitration Agreement18. Team Assembly19. Commencement of the Arbitration20. Pre-hearing Activities21. Preparation for and Conduct of the Hearing22. Awards23. Challenges and Enforcement24. The Arbitrators' Ethical DutiesAppendices1. Policy Form Exemplar