
Reinsuring Clauses
OEzlem Guerses(Author)
Informa Law (Publisher)
2nd Edition
Will be published approx. on 24. November 2025
Book
Hardback
430 pages
978-1-032-81202-1 (ISBN)
Description
Reinsuring Clauses provides a comparative English/US law study of the full reinsurance clause (as original and follow the settlements/follow the fortunes) and the related matters.
The reinsured's burden of proof of loss in its claim against the reinsurers is often contentious, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book concerns the legal nature of reinsurance agreements, the means by which terms of reinsurance policies can be derived or incorporated from underlying insurances, the effect on judgments, arbitration awards, and settlements on reinsured's claims against reinsurers, variations of the follow the settlements clauses, reinsured's post-settlement allocation of loss in a claim against reinsurers, and the operation of claims provisions. This second edition updates and expands on the content, including a chapter on different types of reinsurance, formation of reinsurance contracts, cut-through clauses, and aggregation clauses. Developments integrated include the presumption of back-to-back cover applied to non-proportionate reinsurance, the meaning of first loss reinsurance explained by the courts, and Section 13A being added to the Insurance Act 2015.
The readership for this book will include insurance and reinsurance practitioners, brokers, students studying insurance and reinsurance law, and academics in this field.
The reinsured's burden of proof of loss in its claim against the reinsurers is often contentious, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book concerns the legal nature of reinsurance agreements, the means by which terms of reinsurance policies can be derived or incorporated from underlying insurances, the effect on judgments, arbitration awards, and settlements on reinsured's claims against reinsurers, variations of the follow the settlements clauses, reinsured's post-settlement allocation of loss in a claim against reinsurers, and the operation of claims provisions. This second edition updates and expands on the content, including a chapter on different types of reinsurance, formation of reinsurance contracts, cut-through clauses, and aggregation clauses. Developments integrated include the presumption of back-to-back cover applied to non-proportionate reinsurance, the meaning of first loss reinsurance explained by the courts, and Section 13A being added to the Insurance Act 2015.
The readership for this book will include insurance and reinsurance practitioners, brokers, students studying insurance and reinsurance law, and academics in this field.
More details
Series
Edition
2nd edition
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Taylor & Francis Ltd
Target group
College/higher education
Professional and scholarly
Academic, Postgraduate, and Professional Reference
Dimensions
Height: 246 mm
Width: 174 mm
Weight
1140 gr
ISBN-13
978-1-032-81202-1 (9781032812021)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions


Person
OEzlem Guerses is a professor of law at King's College London. She specialises in insurance and reinsurance law. She is the author of numerous articles and books written in these areas. Her publications include Marine Insurance Law, (Routledge, 3rd ed, 2023), The Law of Compulsory Motor Vehicle Insurance (Informa, 2019) and Reinsuring Clauses, (Informa 2010).
OEzlem sits in the Presidential Council of International Insurance Law Association/Association Internationale de Droit des Assurances (AIDA), and she chairs the Reinsurance Working Party of AIDA. She is also Vice-Chair of the British Insurance Law Association.
OEzlem sits in the Presidential Council of International Insurance Law Association/Association Internationale de Droit des Assurances (AIDA), and she chairs the Reinsurance Working Party of AIDA. She is also Vice-Chair of the British Insurance Law Association.
Content
Preface, Table of cases, Table of legislation, 1. Introduction to Reinsurance Contracts 2. The Nature of Facultative Reinsurance 3. Incorporation and Full Insurance 4. Specific Issues Relating to Incorporation 5. Incorporation in the Law of the United States 6. Settlements Clauses 7. The Scope of the Follow the Settlements Clause 8. Variations and Qualifications in Wording 9. Claim Provisions 10. Aggregation Clauses