The Bermuda Form Interpretation and Dispute Resolution of Excess Liability Insurance

by Scorey, David; Geddes, Richard; Harris, Chris

• ISBN13: 9780199583614
• ISBN10: 0199583617
• Format: Hardcover
• Copyright: 2011-12-13
• Publisher: Oxford University Press

Summary

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 and represent 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 Bermuda Form. The book includes the full text of the Arbitration Act 1996 and the Bermuda Arbitration Act.

Author Biography

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 high level excess liability insurance on the Bermuda Form.

Richard Geddes is a Partner at Sedgwick LLP and co-chair of the firm's International Counseling and Arbitration Practice Group. 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 litigation Parner 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.

Table of Contents

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. Conflict of Law Issues
17. The Arbitration Agreement
18. Team Assembly
19. Commencement of the Arbitration
20. Pre-hearing Activities
21. Preparation for and Conduct of the Hearing
22. Awards
23. Challenges and Enforcement
24. The Arbitrators' Ethical Duties
Appendices
I. Arbitration Act 1996
II. Bermuda Arbitration Act
III. New York Convention
IV. Policy Form Exemplar