This book provides a comprehensive, coherent and practical legal analysis of the work currently undertaken by the English and Scottish Law Commissions with a view to reforming the current legal regime. Written by a team of experts from the legal profession, insurance market and academia, this book offers a critical discussion on the legal and practical implications of planned law reform in this area.
Contents:
1: Reforming pre-contractual information duties of the assured: A case against the reform, Alan Weir
2: Reforming pre-contractual information duties of the assured: A case for the reform, Martin Bakes
3: Reforming pre-contractual information duties of the intermediaries of the assured, Rob Merkin
4: Reforming pre-contractual information duties: A Market Perspective, Derrick Cole
5: Reforming Warranties, Aikens 6: Reforming Warranties: Are we going forward or backwards?, Baris Soyer
7: Insurable Interest, Mark Templeman QC
8: Post-contractual good faith and late payment of claims, Peter MacDonald Eggers
9: What does the future hold?, Howard Bennett
Baris Soyer is a Professor of Commercial and Maritime Law at the University of Swansea.
Chapter 1 Insurance Contract Law Reform in England/Wales and Scotland David Hertzell Chapter 2. Pre-Contractual Information Duties and the Law Commissions' Review Martin Bakes Chapter 3. Materiality: The Search for Practicality Alan Weir Chapter 4. The Law Commissions' Proposals and Reinsurance Robert Merkin Chapter 5. A Practitioner's Perspective on Placement Duties of Insurance Brokers and Reflections of the Proposals of the Law Commissions Derrick G. Cole Chapter 6. The Law Commissions' Proposed Reforms of the Law of "Warranties" in Marine and Commercial Insurance: Will the Cure be Better than the Disease? Richard Aikens Chapter 7. Reforming Insurance Warranties - Are We Finally Moving Forward? Baris Soyer Chapter 8. Reflections on Values: The Law Commissions' Proposals With Respect to Remedies for Breach of Promissory Warranty and Pre-Formation Non-Disclosure and Misrepresentation in Commercial Insurance Howard Bennett Chapter 9. Insurable Interest: A Suitable Case for Treatment? Mark Templeman QC Chapter 10. Utmost Good Faith and the Presentation and Handling of Claims Peter MacDonald Eggers
