Good Faith And Insurance Contracts
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Good Faith And Insurance Contracts
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Author : Peter MacDonald Eggers
language : en
Publisher: Taylor & Francis
Release Date : 2017-12-06
Good Faith And Insurance Contracts written by Peter MacDonald Eggers and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Law categories.
Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
Good Faith And Insurance Contracts
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Author : Peter MacDonald Eggers
language : en
Publisher: Informa Law from Routledge
Release Date : 2010
Good Faith And Insurance Contracts written by Peter MacDonald Eggers and has been published by Informa Law from Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Good faith (Law) categories.
Good Faith and Insurance Contracts contains exhaustive analysis of the law concerning the duty of utmost good faith as applied to insurance contracts in the UK. This third edition has been updated to include references to new UK case law, changes in the regulatory regime, and discussion on the movements towards law reform which have been undertaken over the past three years. As good faith is an issue which arises in respect of all insurance contracts, this book will benefit all insurance practitioners. It synthesizes all known judicial decisions concerning good faith in this area.
Good Faith In Insurance And Takaful Contracts In Malaysia
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Author : Haemala Thanasegaran
language : en
Publisher: Springer
Release Date : 2016-01-22
Good Faith In Insurance And Takaful Contracts In Malaysia written by Haemala Thanasegaran and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-22 with Law categories.
This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.
Good Faith In Contract
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Author : Roger Brownsword
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1999
Good Faith In Contract written by Roger Brownsword and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Buena fe (Derecho) categories.
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Policyholder S Reasonable Expectations
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Author : Yong Qiang Han
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-11-03
Policyholder S Reasonable Expectations written by Yong Qiang Han and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-03 with Law categories.
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.
Information Disclosure
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Author : Julie-Anne Tarr
language : en
Publisher: iUniverse
Release Date : 2001
Information Disclosure written by Julie-Anne Tarr and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
An insurance contract is one of the most significant documents an average consumer signs in the course of his or her adult life. It defines the scope and measure of protection available to the policy holder should the risk eventuate. Insurers similarly view the information supplied during contract negotiations as critical. As it provides a basis for assessing the risk inherent in issuing the policy, failure to disclose information fully and accurately can skew calculation of the risk level inherent in the deal and of the appropriate premium payable. For this reason, insurance contracts have traditionally been treated as a special category of business dealing. Unlike standard contracts based on caveat emptor, – let buyers beware – insurance contracts bind both insurers and consumers to a higher duty of honesty and good faith in their dealings with each other. Failure to fully disclose information that may affect an insurer’s calculation of risk in taking on the contract can potentially, therefore, result in the valid rejection of a policy holder’s claim.Given the potentially devastating consequences claim denial carries for policy holders, this book outlines the current legal regulatory framework governing this area and assesses its capacity to provide a just and efficient set of standards for the exchange of this information in the pre-contracting stage.
Informed Insurance Choice
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Author : Leander D. Loacker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-04-30
Informed Insurance Choice written by Leander D. Loacker and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
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
Disclosure And Concealment In Consumer Insurance Contracts
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Author : Julie-Ann Tarr
language : en
Publisher: Routledge
Release Date : 2013-03-04
Disclosure And Concealment In Consumer Insurance Contracts written by Julie-Ann Tarr and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-04 with Law categories.
This book provides an in-depth examination of the theoretical,legal, social and economic foundations to disclosure and concealment of information in relation to the formation of consumer insurance contracts. A comparative treatment of this issue is undertaken with particular attention given to the judicial and legislative approaches adopted in the United Kingdom, the United States of America, Australia and New Zealand. It will be relevant to those researching and studying insurance law, all legal practitioners involved with the formation of consumer insurance contracts and non-legal practitioners working within the field of insurance.
Good Faith In Canadian Insurance Law
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Author : Roderick S. W. Winsor
language : en
Publisher: Canada Law Book
Release Date : 2004
Good Faith In Canadian Insurance Law written by Roderick S. W. Winsor and has been published by Canada Law Book this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Good faith (Law) categories.
Utmost Good Faith In Marine Insurance Contracts
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Author : Khaled H. S. Ba-Naser
language : en
Publisher:
Release Date : 1999
Utmost Good Faith In Marine Insurance Contracts written by Khaled H. S. Ba-Naser and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.