Insurance Law
Doctirnes and Principles
Published on 1. November 1999
Book
Hardback
520 pages
978-1-84113-003-3 (ISBN)
Description
This text presents a detailed examination of the developing law of insurance which combines exposition with critical analysis. The intention is to meet the needs of typical undergraduate courses, while also providing the essential framework for those studying insurance law at postgraduate level. The authors have complemented the text with extensive citations to case law and academic commentaries, making the book useful to students, scholars and practitioners. The book is divided into three parts. Part one considers the general principles underlying the law of insurance contracts. Part two examines the way in which these principles are shaped by the particular insurance context in which they operate. Part three considers the regulation of insurance business, the role played by insurance intermediaries and the protection of policyholders. An emphasis is placed on the proposed reforms of insurance law both at national level and from the EU perspective.
More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-84113-003-3 (9781841130033)
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
Persons
John Lowry LLB, LLM, FRSA, is Professor of Law at University College London.
Philip Rawlings PhD, is Senior Lecturer in Commercial Law at University College London.
Philip Rawlings PhD, is Senior Lecturer in Commercial Law at University College London.
Content
Part 1 General principles of insurance contracts: the insurance contract - definition, premium, benefit, uncertainty, insurable interest, the need for a policy, looking at the agreement as a whole, contracts of guarantee, contracts of indemnity; formation of the insurance contract - offer and acceptance, mistake, insurance contracts at Lloyd's, formalities, renewals, cover notes, telephone insurance; insurable interest and the doctrine of privity of contract - the statutory requirements, insurable interest in lives - the Life Assurance Act 1774, declaring the name of the insured in the policy document, insurable interest in property insurance, insuring on behalf of third parties, the doctrine of privity of contract and third party rights; the duty of disclosure - materiality of facts and misrepresentation - the doctrine of uberrimae fidei, the juridical roots of the duty of disclosure, determining the materiality of non-disclosed facts, qualifying the duty of disclosure, the consequences of non-disclosure and the burden of proof, towards defining the term "influence", the requirement of "inducement", the ambit of the insured's duty of disclosure, the duration of the duty, the scope of the insurer's duty of disclosure, misrepresentation, the consequences of misrepresentation by the insurer; construing the terms of the insurance contract - the terms of the contract, construing the terms of the insurance contract, parol evidence rule, unfair terms in Consumer Contracts Regulations 1994; warranties, conditions and terms descriptive of risk - the perspective of the general law of contract, the nature and effect of insurance warranties, creating an insurance warranty, classification of warranties in insurance contracts, terms descriptive of the risk, consequences of a breach of warranty, breach of warranty - the waiver - estoppel dichotomy, conditions; causation - proximate cause rule, agreements to alter the rule of causation, multiple causes, burden of proof, the impact of deliberate actions by the insured; claims procedure, measurement of loss and reinstatement - claims procedure, measurement of loss, reinstatement; subrogation and abandonment - subrogation and indemnity, when the right of subrogation arises, rights of subrogation, the justification for subrogation, abandonment. Part 11 Specific contracts of insurance - marine insurance - interpreting the Marine Insurance Act 1906, the contract of marine insurance, the form of the marine insurance policy, types of policy, voyage policies - change of voyage and deviation, warranties, construing the policy, collision, general average, particular average distinguished from general average, total loss - actual and constructive; motor insurance - requirements of compulsory insurance, certificate of insurance, the effect of exclusions in the policy, construing exclusions in the policy, cover for a permitted driver, third party claims, where the driver is uninsured or cannot be traced. (Part Contents).