The Law of Insurance Contracts
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The Law of Insurance Contracts: (Lloyd's Insurance Law Library)

The Law of Insurance Contracts: (Lloyd's Insurance Law Library)


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About the Book

"The Law of Insurance Contracts" deals with insurance law systematically, following the chronology of a policy from proposal to expiry, addressing the issues and difficulties that can arise at each stage. It deals both with basic concepts - such as conflict of laws, good faith and duties of agents, misrepresentation and non-disclosure - and with specific practical aspects of the contract, such as proposal, formation, cover notes, premiums, proof of loss, claims procedure and subrogation. It aims to be of practical use to pracitioners, so it: addresses all aspects of insurance contracts; covers all types of insurance contracts with the exception of marine contracts; includes other major common law jurisdictions as well as the UK, with extensive use of non-UK cases to highlight and anticipate trends; concentrates on contract law so as to best address questions of detail; and includes market advice for new and developing lines, relating practice to the rules of law. This edition includes significant developments and cases, including: The meaning of insurance and the enforceability of unlicensed insurance activity - Fuji v. Aetna; the debate over the burden of proving that the insurer was "induced" to make the contract by non-disclosure of material information - the implications of the Pan Atlantic; non-recovery by the insured of the cost of preventing insured loss - the Yorkshire Water case; liability insurance - the latest cases on the "event" covered; "proof satisfactory" clauses and what evidence of the truth of a claim the insurer can or should demand - Napier; the nature of the duty of good faith and the level of disclosure required on the insured during the insurance period - The Star Sea; recent thinking about the implications of good faith when claims are settled and the extent to which the insurer might be obliged to assist the claimant to make a claim; developments in the liability of insurers who pay late; and the Policyholders Protection Act 1997, amending the Policyholders Protection Act 1975.

Table of Contents:
Insurance contracts; the conflict of laws; insurable interest in life; insurable interest in property; third party rights; assignment; agents - authority to bind the insured; agents -authority to bind the insurer; the insured and his agent - rights and duties inter se; the proposal of insurance; contract formation; interim insurance - cover notes and binders; premium; the insurance contract contents; the insurance contract construction; cover - loss and proof of loss; cover - causes of loss; the period of cover; exceptions; warranties; mistake; misrepresentation; part 1 - non-disclosure, part 2 - the effect of misrepresentation and non-disclosure; illegal insurance; causation; claims procedure; claims co-operation and good faith; indemnity; reinstatement; payment and non-payment; subrogation.


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Product Details
  • ISBN-13: 9781859781609
  • Publisher: Informa Professional
  • Publisher Imprint: LLP Professional Publishing
  • Edition: Revised edition
  • Series Title: Lloyd's Insurance Law Library
  • ISBN-10: 1859781608
  • Publisher Date: /12/1997
  • Binding: Hardback
  • Height: 230 mm


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