Insurable Interest And The Law
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Insurable Interest And The Law
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Author : Franziska Arnold-Dwyer
language : en
Publisher: Routledge
Release Date : 2020-04-28
Insurable Interest And The Law written by Franziska Arnold-Dwyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-28 with Business & Economics categories.
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.
Reforming Marine And Commercial Insurance Law
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Author : Baris Soyer
language : en
Publisher: Taylor & Francis
Release Date : 2020-10-28
Reforming Marine And Commercial Insurance Law written by Baris Soyer and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-28 with Law categories.
With reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.
Marine Cargo Insurance
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Author : John Dunt
language : en
Publisher: CRC Press
Release Date : 2015-11-19
Marine Cargo Insurance written by John Dunt and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-19 with Law categories.
The new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book’s sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
Commonwealth Caribbean Insurance Law
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Author : Lesley Walcott
language : en
Publisher: Routledge
Release Date : 2019-04-15
Commonwealth Caribbean Insurance Law written by Lesley Walcott and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.
This book sets out in a clear and concise manner the central principles of insurance law in the Caribbean, guiding students through the complexities of the subject. This book features, among several other key themes, extensive coverage of: insurance regulation; life insurance; property insurance; contract formation; intermediaries; the claims procedure; and analysis of the substantive laws of several jurisdictions. Commonwealth Caribbean Insurance Law is essential reading for LLB students in Caribbean universities, students in CAPE Law courses, and practitioners.
Macgillivray On Insurance Law
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Author : Evan James MacGillivray
language : en
Publisher:
Release Date : 1997
Macgillivray On Insurance Law written by Evan James MacGillivray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
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.
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
Insurance Reinsurance Law Regulation
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Author : Clive O'Connell
language : en
Publisher:
Release Date : 2014
Insurance Reinsurance Law Regulation written by Clive O'Connell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Insurance law categories.
Developed as a practical rule-by-rule guide to ICC arbitration, this text is essential reading for established practitioners and those approaching international arbitration for the first time. The new 3rd edition will include the revised ICC Rules as adopted in 2010.
The Law Of Marine Insurance
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Author : Howard N. Bennett
language : en
Publisher:
Release Date : 1996
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 1996 with Business & Economics categories.
The focus of this new book is the modern Law of Marine Insurance, a subject of considerable practical importance in the United Kingdom and throughout the world. While existing works have tended to be preoccupied with the description of case law, largely based upon the Marine Insurance Act1906, this book adopts an approach which is line with current legal practice in that it looks towards the 1983 Institute Clauses as the foundation of modern legal practice in Marine Insurance. Similarly, while many practitioners' works rely upon listing and describing cases, the style of this workis analytical and rigorous thereby bringing to the subject a clarity hitherto missing. In terms of content the work covers the well-established basic structure of the topic starting with an introduction to the Law of Marine Insurance and the Insurance Market itself, before moving on to deal with theduty of good faith, the principles of causation, marine risks, losses, formation, cover, claims, subrogation and so forth. The book finishes with a series of useful appendixes setting out the relevant legislation, institute clauses and standard forms.
Insurance Law And Regulation
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Author : Kenneth S. Abraham
language : en
Publisher:
Release Date : 2015
Insurance Law And Regulation written by Kenneth S. Abraham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Insurance law categories.
This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract formation and interpretation; insurance regulation; insurable interest and liability for bad-faith breach; property, health, life, and disability insurance; commercial general liability and directors & officers liability insurance; auto insurance; and reinsurance. The casebook gives equal emphasis to personal and commercial insurance, and reprints within the relevant chapters four standard-form insurance policies. There is new material on the interpretation of ambiguities, insurance regulation, the Affordable Care Act, directors & officers insurance, and excess coverage.
Insurance Contract Law
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Author : Robert M. Merkin
language : en
Publisher:
Release Date : 1988
Insurance Contract Law written by Robert M. Merkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Insurance policies categories.