Double Insurance And Contribution
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Double Insurance And Contribution
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Author : Nisha Mohamed
language : en
Publisher:
Release Date : 2013
Double Insurance And Contribution written by Nisha Mohamed and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Double Insurance And Contribution
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Author : Nisha Mohamed
language : en
Publisher: Taylor & Francis
Release Date : 2018-07-17
Double Insurance And Contribution written by Nisha Mohamed and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Law categories.
Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance attempts to limit or exclude liability by the insurer how the clauses work in practice court decisions in various jurisdictions the Australian position under section 45 of the Insurance Contracts Act 1984 whether the Australian position can be adopted in the United Kingdom This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.
Insurance
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Author : Anthony A. Tarr
language : en
Publisher: Blackwell Publishing Professional
Release Date : 2009-01-01
Insurance written by Anthony A. Tarr and has been published by Blackwell Publishing Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Insurance categories.
INSURANCE - THE LAWS OF AUSTRALIA provides insurance practitioners, insurance companies and students with a principles-based, practical guide to insurance law in Australia. This text provides comprehensive coverage and analysis of common law principles relating to, and the statutory regulation of, insurance contracts and the operation of an insurance business. The common law and statutory provisions are dealt with in the context of marine, life and general insurance. INSURANCE - THE LAWS OF AUSTRALIA provides practical, easy to read and insightful commentary into topics which include: Nature and classification of insurance contracts, Regulatory system, Insurable interests, Insurance policies, Insurance claims, Indemnity and amounts recoverable, Subrogation, Double insurance and contribution. This material is also published as part of Title 22 "Insurance and Income Security" of The Laws of Australia legal encyclopaedia.
Insurance Claims
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Author : Alison Padfield
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-07-27
Insurance Claims written by Alison Padfield and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Law categories.
Insurance Claims provides an accurate summary of the law as it relates to insurance claims, which means largely, but not exclusively, claims against insurers and insurance brokers. It is aimed at those involved in the application of the law on a daily basis, whether as solicitors, barristers or insurance claims handlers. The new edition is one of the first titles to cover and offer detailed commentary on the Insurance Act 2015 which comes in to force in August 2016. Insurance Claims, Fourth Edition includes coverage of the following significant changes in legislation and case law: The Insurance Act 2015 comes into force on 12 August 2016 and makes far-reaching changes to insurance law in England and Wales: Introduces a new pre-contractual duty of fair presentation in place of the duty to disclose material facts/duty not to misrepresent material facts; Makes significant changes to remedies for breach of pre-contractual duty, breach of warranty and breach of other terms 'not relevant to the actual loss'. The Enterprise Act 2016 amends the Insurance Act 2015 and introduces a general right to damages for late payment of insurance claims (with effect from 4 May 2017). The Third Parties (Rights Against Insurers) Act 2010, is amended by the Insurance Act 2015 and by the Third Parties (Rights Against Insurers) Regulations 2016, and comes into force on 1 August 2016. The Consumer Rights Act 2015 re-enacts, with minor changes, the law on unfair terms in consumer contracts (formerly the Unfair Terms in Consumer Contracts Regulations 1999). Teal v Berkley in the Supreme Court on the order in which losses are allocated to policies of insurance. Aspen v Adana in the Court of Appeal on the meaning of 'product' and cover for defective installation in product and public liability insurance. International Energy Group Ltd v Zurich Insurance plc in the Supreme Court on contribution between insurers in cases within the 'Fairchild enclave'. AIG v ILP in the Court of Appeal on aggregation in solicitors' indemnity insurance. Contents: 1: The Basics; 2: The Claimant; 3: The Contract of Insurance; 4: Causation of Loss; 5: Proof of Loss; 6: Measurement of Loss; 7: Presentation of Claims; 8: Claims Handling; 9: Insurance Litigation; 10: Alternatives to Litigation; 11: Insurers' Defences; 12: Subrogation; 13: Double Insurance and Contribution; 14: Reinsurance; 15: Conflict of Laws; 16: Claims Against Insurance Brokers; 17: Specific Types of Insurance. [Subject: Insurance Law]
Insurance Law In Italy
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Author : Diana Cerini
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-15
Insurance Law In Italy written by Diana Cerini and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-15 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in Italy. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows. The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen’s compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting Italy. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.
Marine Insurance
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Author : Donald O'May
language : en
Publisher:
Release Date : 1993
Marine Insurance written by Donald O'May and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Business & Economics categories.
Starting with an historical view of marine insurance, this book then deals specifically with hull and cargo perils and cargo exclusions and goes on to cover cause, sue and labour, general average, salvage, total loss, subrogation and double insurance. It is intended for lawyers and non-lawyers
Marine Insurance
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Author : Francis Rose
language : en
Publisher: CRC Press
Release Date : 2013-07-31
Marine Insurance written by Francis Rose and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-31 with Law categories.
Marine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact. The new edition has been updated to incorporate: • the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris • the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals The book explores in detail the following areas: • the nature of insurance • insurable interest • the insurance contract • the premium • insured risks • marine risks • exclusions • losses • claims • subrogation • double insurance
Chinese Insurance Contracts
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Author : Zhen Jing
language : en
Publisher: Taylor & Francis
Release Date : 2016-11-25
Chinese Insurance Contracts written by Zhen Jing and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Law categories.
Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and – significantly – in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.
The Law Of Marine Insurance
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Author : Howard N. Bennett
language : en
Publisher:
Release Date : 2006
The Law Of Marine Insurance written by Howard N. Bennett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
The law of marine insurance constitutes a major branch of the law of international trade and shipping law which is of considerable international importance. This new edition gives a clear, updated account of English marine insurance law, combining detailed analysis of modern statute and case law with a clear comprehension of practice and commerce in the shipping world. The discussion embraces not only the constantly evolving case law, but also standard forms and clauses (including the 2003 International Hull Clauses), and the rules of mutual insurance associations. Coverage includes all relevant areas of general insurance contract law as well as all issues of specifically marine insurance law. The entire text of the second edition has been considered afresh and includes significant new or additional material in particular relating to: historical background, insurable interest, policy formation, the doctrine of utmost good faith, premiums, policy interpretation, excluded losses, third party rights, losses, claims, aversion and minimization of loss, insurers' contribution rights, and composite policies. Presenting a revised structure with the practitioner in mind, this new edition includes a new chapter on interpretation and rectification of insurance contracts.
Insurance Claims
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Author : Alison Padfield KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-12
Insurance Claims written by Alison Padfield KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-12 with Law categories.
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.