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This new edition reflects law and practices governing insurance issues today. It offers definitive treatment on practically all types of insurance, including life, property, health and accident, liability and indemnity, automobile, fidelity guarantee, contract guarantee, group, reinsurance, annuities, governmental life and disability, ERISA, and COBRA. Timely topics in the insurance industry are addressed, as well as insurance contracts, risks covered, and representations and warranties. Being newly rewritten and reorganized by Steven Plitt, Daniel Maldonado, and Joshua D. Rogers, who maintain an insurance litigation practice with Kunz, Plitt, Hyland, Demlong and Kleifield in Phoenix, the sucessor authors are experienced trial attorneys and experts in the insurance field.

Features

Provides complete coverage of every phase of insurance lawsubstantive, procedural, state, federal, case, and statutory
All aspects of law are combined with detailed case analyses from federal and state jurisdictions
Applicable rules of law are illustrated with fact situations indicating where the rule does or does not apply
Incorporates features and topics not previously available, as well as insightful practice commentary and analytical discussion
On-point illustrations indicate how the law hasor has notbeen applied in specific instances

Summary of contents
Replacement pages

Part I. The Insurance Industry and Insurance Relationships

Regulation of Insurance, Generally
Regulations Relating Specifically to Foreign Insurers
Application of Specific Statutes to Insurance Merger, Insolvency, and Similar Changes to Insurer's Identity or Operations
Rights of Policyholders, Creditors, and Other Claimants upon Insurer's Insolvency
Group Insurance
Reinsurance
Other Special Insurance Relationships

Part II. The Insurance Contract

The Application
Prepayment of Premiums as Requirement for Coverage
Temporary Insurance and Parol Contracts
Execution and Delivery of Policy
Delivery to Insured During Good Health
Acceptance of Policy
Formation and Requisites of Agreement
The Application, Riders, and Other Writings, as Part of the Contract
Various Laws as Part of the Contract
Description of the Subject Matter
Threshold Principles
Rules of Construction
Severability of the Contract
Law Governing the Insurance Contract
Modifications
Renewal of Policy
Cancellation and Rescission
Revival and Reinstatement of Policy
Assignment of Policy
Gift of Policy

Part III. Parties Involved in or Affected by Contract

The Insurer
The Insured
Insurable Interest: General Principles
Sources and Extent of Insurable Interest in Property
Sources of Insurable Interest in Life Insurance
Creation and Termination of Agency Relationship for Insurance Purpose
Brokers, Agents, and Similar Parties as Representing Insurer or Insured
Duties and Liabilities Respecting Insured's Agents
Statutory Regulation of Insurer's Agents
Insurer's Agents

Part IV. Premiums, Dividends, and Loans

Insurer's Agents
Definition and Status of Beneficiaries; Nature of Interest
Selection and Designation of Beneficiary; Class Beneficiaries
Change of Beneficiary Designation
Payment of Proceeds
Federal Tax Aspects of Insurance Coverage and Proceeds
Right to Proceeds Based on Marital or Family Relationships
Rights of Claimants by Virtue of Secured Debt Relationship: Mortgage, Deed of Trust, or Security Agreement
Rights of Claimants by Virtue of Other Debt Relationship: Unsecured, Judgment, and Lien Creditors
Rights of Claimants by Virtue of Trust or Devise
Rights of Claimants by Virtue of Other Status or Relationship
Nature and Definition of Premiums; Rates
Assessments and Dues
Notice Requirements for Premiums and Assessments
Payment of Premiums and Assessments
Liability For, or In Connection With, Payment; Liens and Similar Enforcement
Premiums and Assessments: Defenses and Excuses for Nonpayment
Forfeiture for Nonpayment
Return of Premiums
Policy Loans and Dividends

Part V. Representations, Warranties, Conditions, and Concealment General Principles, Relationship of Concepts

Representations; Generally
Warranties and Conditions, Generally
Concealment, Generally Waiver and Estoppel as to Breach; Effect of Insurer's Actions
Specific Representations, Warranties, and Conditions

Part VI. Risks and Activities Covered by Insurance Policy

Introductory Concepts of the Risk; Public Policy, Insurability, and Causation
Time of Loss as Within Period of Coverage
General Concepts of Liability Insurance
Right of Direct Action Against Insurer including Conditions Precedent to the Action, "No-Action" Clauses, Defenses and Practice and Procedure
All Aspects of Automobile Liability Insurance and related Coverages
All Other Liability Policies and Coverages Including Basic Risk and Loss Provisions Common to Policies
Pollution, Assaults, and Other Specific Risks Relevant to Both Commercial and Persona

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