The Bermuda Form Interpretation and Dispute Resolution of Excess Liability Insurance

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

• ISBN13: 9780198754404
• ISBN10: 019875440X
• Edition: 2nd
• Format: Hardcover
• Copyright: 2018-04-09
• Publisher: Oxford University Press

Author Biography

David Scorey, Barrister, Essex Court Chambers,Richard Geddes, Partner, Sedgwick LLP,Chris Harris, Partner, Clyde & Co LLP

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 Partner 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. 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