New Edition -- Updated and Expanded
As recently as the mid-1980s, personal injury actions against landlords for crimes committed within their buildings were practically unheard of. Yet, today, these high-exposure cases constitute a large percentage of the caseloads of most state courts located in urban areas.
To address this rising trend, the American Bar Association has updated and expanded A Complete Guide to Premises Security Litigation. Last updated in 2001, this acclaimed book provides you with a practical guide to conducting all phases of a premises security lawsuit, as well as a ready reference for researching how these cases are decided by courts in all jurisdictions.
--pertinent background and statistical information about premises security claimsA Complete Guide to Premises Security Litigation, Third Edition provides insight into prosecuting and defending premises security cases and includes valuable strategies, techniques, and useful checklists. This step-by-step guide also includes:
Loan Loss Coverage Under Financial Institution Bonds. This new publication focuses on the often complex issues involved in loan loss claims, and presents a comprehensive analysis of coverage for loan losses under financial institution bonds. Particular emphasis has been given to the practical and ethical issues confronting insurers, and their counsel and consultants, when investigating, litigating and resolving loan loss claims.
Written by experienced fidelity insurance specialists, this book provides in-depth analysis of the relevant insuring agreements, riders and exclusions, as well as detailed analysis regarding specific types of loan loss claims, issues related to the investigation of loan loss claims and related ethical issues, loss calculation and accounting issues, the use of experts, and much, much more. This book is a must have for anyone dealing with loan loss claims under financial institution bonds.
The importance of property insurance often reaches the national spotlight in catastrophic or high profile property scenarios like the World Trade Center terrorism of September 11, 2001, and Hurricane Katrina, because of the catastrophic nature of the losses and the sympathetic nature of the victims. We want to see communities, businesses, and individuals rebuild and insurance provides a great mechanism for risk management and rebuilding. However, for fundamental business and public policy reasons, certain losses simply are not covered by property insurance.
Where the policyholder believes her loss is covered but the insurer disagrees, the parties may ultimately find themselves in litigation. Claims and lawsuits for computer glitches, mold, storm surge, terrorism, replacement cost of property, code upgrades, bad faith, and injury from alleged unfair business practices were likely never contemplated by early insurers. Today, such claims are common.
The Property Insurance Litigator's Handbook focuses on the fundamentals of how first-party property claims, like these, are litigated. Property insurance litigation is filled with nuances, traps, and pitfalls for the unwary. This book is perfect for experienced litigators who are new to the first party arena, associates getting started in first-party property insurance litigation, in-house counsel, and other insurance professionals who can benefit from a working knowledge of the process of litigating a first-party property case.
To create the book, numerous first-party property practitioners were asked to describe different portions of the litigation process for first-party property insurance cases. The book begins with an overview of property insurance and a discussion of things that happen on a claim before the litigator receives the file. Then, the book details the process of drafting complaints, preparing answers and affirmative defenses, propounding discovery, seeking summary dismissal or judgment, and preparing for trial. The book concludes with a discussion of trial strategy and appeal. Throughout the book, you will find useful checklists and other helpful practice aids.
There is no more complex area of legal practice than the litigation of the "mega" construction surety case. Few other areas of law offer the panoply of factual and legal issues underlying the rights and obligations of the multiple parties involved in any major construction project. This completely updated and revised second edition of Managing and Litigating the Complex Surety Case, offers an extensive exploration of practical issues confronting the 21st century fields of suretyship and construction contracting.
This publication addresses many of the most sophisticated issues arising in the preparation for and trial of the "mega" construction surety case -- a case that routinely involves multiple parties, multiple project locations, multiple claimants, multiple sources for "salvage," multiple forums for dispute resolution, and a host of technical engineering, accounting, and construction issues. Truly a complete resource on the subject, everything is covered from evaluating a surety's performance bond exposure, right up through trial proceedings and post hearing motions and appeals. This book is a must for all surety claims officers and surety trial lawyers.
To view a comprehensive list of TIPS publications, click here.