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Consumer Insurance (Disclosure and Representations) Bill [HL]
Now in its Fifth Edition, Insurance Claims by Alison Padfield QC is a practitioner focused text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is an indispensable resource for those involved in the daily application of the law, whether as solicitors, barristers or insurance claims handlers. With significant developments in insurance law and a multitude of cases since the Fourth Edition, the new Fifth Edition: - Covers cases on the Insurance Act 2015, the Third Parties (Rights Against Insurers) Act 2010, and the Consumer Insurance (Disclosure and Representations) Act 2012 - Examines recent decisions of the Supreme Court, including The Financial Conduct Authority v Arch Insurance (UK) Ltd (the 'FCA Test Case') [2021] UKSC 1, and Privy Council, and also those handed down by the Court of Appeal - Is fully updated with coverage of all significant recent decisions - Covers claims against insurers and insurance brokers - Explains the meaning of terms and concepts in plain English, making it accessible to lawyers and non-lawyers alike Cases in the Supreme Court and Privy Council added since the last edition include: - The FCA Business Interruption Insurance Test Case [2021] UKSC 1 – construction of insurance contracts, causation including proximate cause & business interruption insurance - Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 – principles governing recusal of arbitrators where multiple arbitrations with same or overlapping subject matter - Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) [2020] UKSC 11 – jurisdiction under Brussels Regulation (Recast) - Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 – non-party costs orders against liability insurersPerry v Raleys Solicitors [2019] UKSC 5 – professional negligence damages - Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The B Atlantic [2018] UKSC 26 – construction of insurance contracts & exclusion clauses - Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses - Gard Marine & Energy Ltd v China National Chartering Co Ltd [2017] UKSC 35 – waiver of rights of subrogation - AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses - Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd [2017] UKPC 10 – construction of contractors' all risks policy - Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 – construction of insurance contracts & scope of cover/exclusion clauses Significant Court of Appeal decisions added for this new edition include: - Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 – reinstatement/betterment in property damage insurance - Manchikalapati v Zurich Insurance Plc [2019] EWCA Civ 2163 - construction of building guarantee insurance - Euro Pools plc v Royal & Sun Alliance plc [2019] EWCA Civ 808 – notification of claims in professional indemnity insurance - Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 – reinsurance of 'Fairchild enclave' employers' liability claims - Allianz Insurance Plc v Tonicstar Ltd [2018] EWCA Civ 434 – qualification of arbitrators - Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 – aggregation clauses - Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – insurance claims conditions and 'duty to speak' estoppel - AXA Versicherung Ag v Arab Insurance Group [2017] EWCA Civ 96 – pleading & proving inducement - W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd (No 2) [2017] EWCA Civ 25 – liability insurance & ascertainment of loss - Zurich Insurance plc v Maccaferri [2016] EWCA Civ 1302 – notification of claims A wealth of Commercial Court and Technology and Construction Court decisions are also covered, along with selected decisions from other jurisdictions including Scotland, Australia and New Zealand which are likely to be of interest to practitioners in England and Wales. Written by Alison Padfield QC, an authoritative author with extensive experience in insurance law, the new Fifth Edition will appeal to insurance lawyers, both solicitors and barristers in practice and in-house, insurance professionals, eg claims handlers and brokers, and insurance law students.
This book gives an introduction to the English law of contract. The third edition has been fully updated to cover recent developments in case law and recent statutes such as the Consumer Rights Act 2015. However, this new edition retains the primary focus of the earlier editions: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system - how a common lawyer reasons and finds the law - the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
This book focuses on the global landscape in which insurance is transacted, and where it is evolving, driven from within by transformative technologies and externally by the necessity to address risks like climate change and health crises, such as the COVID-19 pandemic. It discusses the dynamic challenges and opportunities that lie ahead for the industry in areas such as on-demand insurance, embedded insurance, parametric insurance, autonomous vehicles, the rise of fintech, the cyber risk landscape and through initiatives driven by distributed ledger technology or blockchain solutions. Moreover, it covers the major external challenges confronting the global insurance market, such as the growing insurance protection gap in relation to the affordability and insurability of natural catastrophes and climate change, and pandemics like COVID-19. This book examines innovations in insurance driven by the industry as well as externally imposed changes and dynamics impacting the industry. It describes these changes, the industry’s responses and the legal framework in which they occur. It canvasses additional regulatory and law reform initiatives that may be necessary to achieve an effective balance between the various competing interests. The book is the first to address these matters holistically with a particular focus upon insurance law, it will describe these changes and industry responses and the legal framework in which they occur. The Global Insurance Market will be directly relevant to legal professionals, insurers, insurtechs, fintechs, brokers, CEOs of insurance companies, risk managers, legal counsel, academics, researchers, the judiciary, and policy makers. It will also serve as a valuable resource for students of all levels.
Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law 'doctrine' of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder's reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.
The Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.
The direction and clarity of the author's argument is commendably clear. Thus it is clear at the outset that he is mainly concerned with pre-contractual information duties as they affect consumers, and thus standard form contracts¢although, he argu