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

Scorey, David; Geddes, Richard; Harris, Chris

Hardcover

ISBN 10: 019875440X ISBN 13: 9780198754404

Publisher: Oxford University Press, 2018

Synopsis

Providing analysis and interpretation on the construction of the Bermuda Form, this second edition 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.

The work has been thoroughly revised to take into account the major changes in the governing New York law since the first edition, as well as significant English case law such as AstraZeneca v ACE & XL. This case has had major implications for the interpretation of issues such as the recoverability of defence costs, assertion and proof of legal liability. The resulting trend towards brokers and insurers drafting endorsements intended to clarify intent, and the nature and efficacy of these endorsements, are also analysed in this edition. The implications for policyholders and insurers of the ACE Insurance Form 007 are also discussed at length.

Providing valuable analysis of disputes involving the Bermuda Form, particularly concerning arbitrations, this work gives access to an otherwise closed arena and is an indispensible guide even for experienced practitioners in this field.

About this title

About the Author

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.

Review

iThe Bermuda Formr is a tour de force on the interaction of English procedural law and New York substantive law. The clause-by-clause in-depth analysis of the various terms of iThe Bermuda Formr is excellent. * Rob Merkin, Journal of Business Law * This new publication will, without doubt, be universally welcomed by all those who regularly deal with the Bermuda Form policy and issues arising out of it, be they policyholders, insurers, brokers, lawyers or academics...the authors...are able, with their combined expertise, to adopt a necessary and yet seamlessly transatlantic approach to their analysis. The book is well structured and comprehensive, and goes beyond the usual parameters to include, for example, a useful chapter on the use of the form for reinsurance...This book will provide a most valuable additional tool to all those who work in this field. * Susannah Wakefield, TaylorWessing *

Edition details

• Publisher: Oxford University Press
• Publication date: 2018
• ISBN 10: 019875440X
• ISBN 13: 9780198754404
• Binding: Hardcover
• Language: English
• Edition number: 2
• Number of pages: 584