The Bermuda Form Interpretation and Dispute Resolution of Excess Liability Insurance

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. In addition, the second edition reflects the authors recent experience of arbitrations and how disputes have been resolved by arbitrators. 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.

1 - Introduction to the Bermuda Market
2 - Introduction to the Bermuda Form
3 - Conflict of Law Issues: Substantive Issues vs Procedural Issues
4 - Law of Construction and Interpretation Clause
5 - The Coverage Clause
6 - The Occurrence Reported Trigger
7 - Occurrence Definition
8 - Integration and Aggregation
9 - Requirement of Notice of Claim
10 - Attachment Point, Underlying Coverage and Limits of Liability
11 - Exclusions from Coverage
12 - Conditions under the Bermuda Form
13 - Misrepresentation and Non-Disclosure
14 - Waiver / Estoppel
15 - Use of the Bermuda Form for Reinsurance
16 - The Arbitration Agreement
17 - Team Assembly
18 - Commencement of the Arbitration
19 - Pre-hearing Activities
20 - Preparation for and Conduct of the Hearing
21 - Awards
22 - Interests and Costs
23 - Challenges and Enforcement
24 - The Arbitrators' Ethical Duties
Appendix - Policy Form Exmplar

David Scorey QC 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 Kennedys CMK LLP. 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 Consultant 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.