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Reinsurance Practice and the Law
AUTHOR: Clyde & Co LLP
EDITION: 1st Edition - Service Issue 38 - 1 February 2013
ISSN: 1-85044-390-4
COPYRIGHT: Copyright Informa Professional 1993-2008

Reinsurance Practice and the Law

Author: Clyde & Co LLP
1 INTRODUCTION TO AND OVERVIEW OF REINSURANCE
2 THE PARTICIPANTS AND COMMON REINSURANCE ARRANGEMENTS
3 GLOBAL REINSURANCE MARKETS
4 TYPES OF REINSURANCE CONTRACTS
5 TYPES OF REINSURER, AUTHORISATIONAND REGULATION
6 UNDERWRITING AGENTS
7 THE REINSURANCE BROKER
8 ESSENTIAL INGREDIENTS OF A REINSURANCE CONTRACT
9 JOINT AND COMPOSITE POLICIES AND REINSURANCE FOR COMMON ACCOUNT
10 UTMOST GOOD FAITH AT PLACEMENT: DISCLOSURE AND REPRESENTATIONS
11 MAKING THE CONTRACT: PLACEMENT
12 RECORDING THE CONTRACT: THE SLIP AND THE WORDING
13 BROKERS’ COVER NOTES
14 CONTRACT CERTAINTY
15 GENERAL RULES OF INTERPRETATION OF TERMS
16 INCORPORATION OF TERMS
17 TYPES AND CLASSIFICATION OF TERMS
18 COMMON TERMS THAT DELIMIT THE SCOPE OF COVER AND OTHER MISCELLANEOUS CLAUSES
19 DUTIES BETWEEN PLACEMENT AND THE MAKING OF CLAIMS
20 CHOICE OF LAW
21 PREMIUM
22 BROKERAGE AND COMMISSIONS
23 LLOYD’S
24 ALTERNATIVE RISK TRANSFER
25 CLAIMS NOTIFICATION, CO-OPERATION AND CONTROL PROVISIONS
26 GOOD FAITH AND CLAIMS
27 CLAIMS ALLOCATION
28 AGGREGATION
29 LOSS SETTLEMENT PROVISIONS
30 INSPECTION PROVISIONS
31 MARKET PRACTICES AS TO PRESENTATION AND SETTLEMENT OF CLAIMS
32 SET-OFF, OFFSET AND FUNDING
33 LETTERS OF CREDIT AND OTHER SECURITY PROVIDED BY REINSURERS
34 EXPIRY, EXHAUSTION AND TERMINATION OF THE REINSURANCE CONTRACT
35 COMMUTATIONS AND NEGOTIATED SETTLEMENTS
36 RUN-OFF
37 TRANSFER OF THE REINSURANCE RISK
38 INSOLVENCY PROCEDURES AND TECHNIQUES IN REINSURANCE
39 CROSS-BORDER INSOLVENCY
40 REMEDIES FOR BREACH OF DUTIES AND CONTRACTUAL TERMS
41 LOSS OF REMEDIES
42 LIMITATION
43 METHODS OF RESOLVING REINSURANCE DISPUTES
44 ARBITRATION PROCEDURE
45 LITIGATION IN THE COMMERCIAL COURT
46 ALTERNATIVE DISPUTE RESOLUTION
47 JURISDICTION AND JURISDICTION DISPUTES
48 EFFECTIVE LITIGATION MANAGEMENT
49 ENFORCEMENT OF COURT JUDGMENTS AND ARBITRATION AWARDS
50 REINSURANCE DISPUTE RESOLUTION IN THE UNITED STATES
51 REINSURANCE REGULATION, LAW AND DISPUTE RESOLUTION IN THE PEOPLE’S REPUBLIC OF CHINA
52 THE INSURANCE AND REINSURANCE MARKETS IN SINGAPORE AND HONG KONG
53 THE ENGLISH AND SCOTTISH LAW COMMISSIONS’ PROPOSALS FOR REFORM
TYPICAL “FULLY DEVELOPED”AGGREGATE EXTENSION CLAUSEINCLUDED IN LMX OUTWARDSREINSURANCE CONTRACTS FROM THEMID-1960s ONWARDS
PUBLIC AND/OR PRODUCTS LIABILITY AND/OR PROFESSIONAL INDEMNITY CLAIMS SERIES CLAUSE TPX 1986
ANNOUNCEMENT OF THE BANNING OF “NCAD”
ARIAS (UK) RECOMMENDED ARBITRATION CLAUSE (1997 EDITION)
Lloyd's and the Lloyd's Crest are trademarks of the Society incorporated by the Lloyd's Act 1871 by the name of Lloyd's
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