1.

Record Nr.

UNINA9910831829803321

Autore

William Oliver D

Titolo

Reinsurance and the law of aggregation : Event, occurrence, cause. / / Oliver D William

Pubbl/distr/stampa

2021

ISBN

1-000-32910-0

Descrizione fisica

1 online resource

Collana

Contemporary Commercial Law.

Classificazione

LAW014000LAW014010LAW049000

Disciplina

346.0860122

Soggetti

Nonfiction

Law

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Sommario/riassunto

In excess of loss reinsurance, the reinsurer covers the amount of  a loss  exceeding the policy's deductible but not piercing its cover limit. Accordingly, a policy's quantitative scope of cover is significantly affected by the parties' agreement of a deductible and a cover limit. Yet, the examination of whether  a loss  has exceeded deductible or cover limit necessitates an educated understanding of what constitutes  one loss . In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting  one loss  to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts.    This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims.   Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a



comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).