TABLE OF CONTENTS

• Jurisdiction: United States

Table of Cases

Note on the text

Introduction

A. Ancient Forms of Insurance

B. ../../Text/Zalma2_Introduction.html - sigil_toc_id_1 Guild Coverage

C. Lloyd's of London

D. The Modern Market at Lloyd's

E. ../../Text/Zalma2_Introduction.html - sigil_toc_id_4 Fire Insurance

F. The Definition of Insurance Today

G. ../../Text/Zalma2_Introduction.html - sigil_toc_id_6 Structure

H. Acquisition of the Policy

1. The Underwriter

2. The Loss Prevention Engineer

3. The Pre-Risk Inspection Service

4. After Insurance Is in Effect

5. The Delivery of a Notice of Loss

6. The Claims Adjuster

7. The Claims Investigator

8. The Public Insurance Adjuster

9. The Claims Supervisor or Claims Manager

10. Claims Counsel

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

2. California Statutes

a. Statutory Grounds for Rescission in California

b. California's Statutory Statement of the Covenant of Good Faith and Fair Dealing

B. It's Not Nice to Lie to Your Insurer—It's Expensive

1. Rescission Is an Equitable Remedy

2. The Marine Rule in California Law

3. Rescission Is a Remedy that Must Be Used with Care

4. Bases for Rescission in California

5. Before Electing to Rescind

6. Statutory Limitations on Rescission

7. The Rescission of Marine Insurance

8. Fire Insurance

9. Rescission of All Contracts

10. Health Insurance

11. Life Insurance

12. Earthquake Insurance

Chapter 2 The Contract of Personal Indemnity

A. Property Insurance

1. Insurable Interest

2. Can a Person Be an Insured Automatically?

Chapter 3 Construction of Insurance Contracts

A. Rules of Insurance Contract Interpretation

B. Changes in Rules of Interpretation

C. Insurance Policy Interpretation Statutes

1. California Code of Civil Procedure

2. California Civil Code Sections

3. California Insurance Code

4. California Standard Form Fire Insurance Policy

D. Investigation Required

E. The Need for a Thorough Investigation

F. When a Court Rewrites an Insurance Policy

G. A Court Can't Rewrite an Insurance Policy

H. Insurance Is Limited to the Risk Taken

I. A Court Refuses to Rewrite an Insurance Policy

Chapter 4 Differences Between Property and Liability Policies

A. Property

1. All Insurance Is Not the Same

2. The Concurrent Cause Doctrine

3. The Distinction Between Liability and Property Insurance

4. Progressive Property Losses

B. Liability

1. Manifestation and Exposure Theories

2. The Private Limitation of Action Provision

3. Ninth Circuit Finds Fire to Be the Direct Cause of a Landslide that Destroyed a House

Chapter 5 Rescission of Insurance Policies

A. The "Innocent Third-Party Rule" Does Not Eliminate the Right to Rescind

B. Innocent or Intentional Misrepresentation Requires Rescission

C. An

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