TABLE OF CONTENTS

• Jurisdiction: United States

TABLE OF CONTENTS

Table of Cases

Introduction

A. Insurance and the Lawyer

B. Ancient Forms of Insurance

C. Evolution of Insurance

1. Lloyd’s of London

2. The Modern Market at Lloyd’s

3. Fire Insurance

4. The Definition of Insurance Today

Allen v. Burnet Realty, LLC

D. Structure

1. The Prospective Insured’s First Contact with an Insurer

a. Acquisition of the Policy

b. The Underwriter

c. The Loss Prevention Engineer

d. The Pre-Risk Inspection Service

2. After Insurance Is in Effect

a. The Delivery of a Notice of Loss

b. The Claims Adjuster

c. The Claims Investigator

d. The Public Insurance Adjuster

e. The Claims Supervisor or Claims Manager

f. Claims Counsel

g. Coverage Counsel

E. Use of This Book

Chapter 1 The History of Insurance

A. The Context of Insurance

1. The Historical Basis for the Covenant of Good Faith and Fair Dealing

Carter v. Boehm

Notes and Questions

French v. State Farm Fire & Cas. Co

Notes and Questions

B. What Is Material?

Notes and Questions

C. Statutes

1. Statutory Grounds for Rescission in California

2. California’s Statutory Statement of the Covenant of Good Faith and Fair Dealing

Notes and Questions

3. New York Statutes

Notes and Questions

D. Rescission Is an Equitable Remedy

Mountain City Ford, LLC v. Owners Ins. Co.

Notes and Questions

E. The Business of Insurance and the U.S. Government

German Alliance Ins. Co. v. Lewis

Notes and Questions

Chapter 2 The Contract of Personal Indemnity

A. Property Insurance

Russell v. Williams

Notes and Questions

Lighting Fixture Supply Co. v. Fidelity Union Fire Ins. Co.

Notes and Questions

B. Insurable Interest

Beckon, Inc. v. AMCO Ins. Co.

Notes and Questions

Murphy v. State Farm Fire & Cas. Co.

Notes and Questions

Chapter 3 Construction of Insurance Contracts

A. Rules of Insurance Contract Interpretation

World Trade Center Props., L.L.C. v. Hartford Fire Ins. Co.

Notes and Questions

Georgia Farm Bureau Mut. Ins. Co. v. T & G Enterprises, Inc.

Mackinnon v. Truck Ins. Exch

Notes and Questions

Notes and Questions

St. Marys Foundry, Inc. v. Employers Ins. of Wausau

Notes and Questions

B. Investigation Now Required

Egan v. Mutual of Omaha Ins. Co.

Notes and Questions

E.M.M.I. Inc. v. Zurich Am. Ins. Co.

Notes and Questions

§ Notes and Questions

Chapter 4 Differences Between Property and Liability Policies

A. All Insurance Is Not the Same

1. Property

2. Liability

Garvey v. State Farm Fire & Cas. Co.

Notes and Questions

Sabella v. Wisler

Notes and Questions

Prudential-LMI Commercial Ins. v. Superior Court of San Diego County

Notes and Questions

B. Private Limitation of Action Provision

Dominish v. Nationwide Ins. Co.

C. Concurrent Cause Doctrine

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