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Reinsurance and the Law of Aggregation - Event, Occurrence, Cause (Paperback)
Loot Price: R1,310
Discovery Miles 13 100
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Reinsurance and the Law of Aggregation - Event, Occurrence, Cause (Paperback)
Series: Contemporary Commercial Law
Expected to ship within 12 - 17 working days
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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).
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