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Dealing with all insurance risks other then marine, this text contains sections on insurable interest, non-disclosure, reinsurance, conflict of laws and policy terms. It also includes the Unfair Terms in Consumer Contract Regulations 1994 and the Rome Convention on Conflict of Laws.
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
With a chapter on public procurement by Sarah Hannaford ; A commentary on JCT forms of contract by Adirian Williamson, and a commentary of the infrastructure conditions of contract by John Uff
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Insurance law is a complex and fast-moving area of law, making it difficult for the law student to grasp. This is the first book to bring together a wide range of insurance materials with an introductory text to each chapter. This second edition has been completely updated and includes recent House of Lords and other significant judgments, as well as supervisory changes by means of legislation and codes of conduct. Each chapter starts with a stand-alone text, which provides the student with a clear explanation of the topic under consideration and is then followed by illustrative materials. Whilst the book concentrates on the general principles of insurance law, it inevitably draws on examples (cases and legislation) taken from the main branches of motor, property, marine and liability insurance. Throughout the book there is an emphasis on law reform by means of comparison with other jurisdictions. The book is designed for students studying insurance law at undergraduate level. It would also be suitable for students studying for the Chartered Insurance Institute examinations.
This book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest – a combination of statutes and case law – has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine – the policy against wagering, the prevention of moral hazard and the doctrine’s relationship with the indemnity principle – still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law.