Insurance Law Reform
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Insurance Law Reform
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Author : New Zealand. Contracts and Commercial Law Reform Committee
language : en
Publisher:
Release Date : 1974
Insurance Law Reform written by New Zealand. Contracts and Commercial Law Reform Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Insurance policies categories.
The Law Of Insurance Warranties
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Author : Alastair Owen
language : en
Publisher: Taylor & Francis
Release Date : 2021-06-21
The Law Of Insurance Warranties written by Alastair Owen and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-21 with Law categories.
The book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date. Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK’s, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with breaches of insurance warranties and demonstrates that this would consistently deliver better outcomes than any of the existing attempts at reforming this area of the law. Providing an unprecedented multi-jurisdictional review of the law on insurance warranties and in particular the treatment of warranties in the Insurance Act 2015, as well as outlining an innovative and radical alternative approach to reform, the book will be of considerable interest and value to practitioners, academics and students, as well as to other common law jurisdictions contemplating reform of this area of the law.
Insurance Law Reform
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Author : National Consumer Council
language : en
Publisher:
Release Date : 1997
Insurance Law Reform written by National Consumer Council and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Insurance law categories.
New Foundations For Insurance Law
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Author : Francis D. Rose
language : en
Publisher: Taylor & Francis
Release Date : 1987
New Foundations For Insurance Law written by Francis D. Rose and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Assurance - Droit - Grande-Bretagne categories.
Insurance Contracts
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Author : Australia. Law Reform Commission
language : en
Publisher:
Release Date : 1982
Insurance Contracts written by Australia. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Insurance Contract Law
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Author : Great Britain. Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2012
Insurance Contract Law written by Great Britain. Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This joint discussion paper covers the following issues: the business insured's duty of disclosure, and the law of warranties. Under current law, a business policyholder has a duty to disclose every material circumstance it knows about the risk it wants to insure. Failure to do so entitles the insurer to avoid the contract, which means the insurer may treat it as if it did not exist and refuse all claims. The duty is unclear and sometimes poorly understood, while the consequence of breach is too harsh. The proposals aim to clarify how policyholders are expected to comply with the duty when presenting a risk to insurers and to encourage insurers to assist them in that task. Fairer remedies for breach where the policyholder has not been dishonest., are proposed. An insurance warranty is an important term which, unless exactly complied with by the policyholder, results in the automatic discharge of the insurer's liability for loss. It makes no difference if the breach is trivial, not material to the risk or if the policyholder remedies the breach prior to loss being incurred.The Commissions propose that breach of a warranty should suspend the insurer's liability for the duration of the breach; remedy of the breach restores liability. Where a term is designed to reduce a particular type of risk, liability should only be suspended in relation to that risk. This would be mandatory for consumer insurance but subject to freedom to contract for business insurance.
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.
Aspects Of Insurance Law 2
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Author : New Zealand. Contracts and Commercial Law Reform Committee
language : en
Publisher:
Release Date : 1983
Aspects Of Insurance Law 2 written by New Zealand. Contracts and Commercial Law Reform Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Insurance law categories.
Consumer Insurance Law
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Author : Great Britain. Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2009
Consumer Insurance Law written by Great Britain. Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
This joint report recommends clarification of the law about the information which a consumer should tell an insurer when taking out a policy. It includes draft legislation to replace the current law which is more than 100 years old and was designed for ship owners insuring large vessels rather than today's consumer insurance market. Under that statute, insurers can refuse to pay out if a policyholder failed to disclose any relevant information, even if the consumer answered all questions that were asked honestly and reasonably. The draft Bill appended to the report will clarify a raft of existing rules and guidance employed by insurers, the Financial Services Authority and the Financial Ombudsman Service. Under the recommendations: insurers must ask questions about any matter which they wish to know in order to assess the risk being insured; consumers who take reasonable care to answer insurers' questions fully and accurately can expect to have any subsequent claims paid in full; if a consumer makes a careless mistake when answering a question, he or she might still be entitled to have some of the claim paid. The Commissions' recommendations follow a detailed consultation exercise - started with a discussion paper "Insurance contract law" (2007, LCCP 182/SLCDP 134, ISBN 9780117037823) - which found widespread support for the proposed changes from major insurers, insurance brokers and lawyers as well as consumer groups.
Some Insurance Law Problems
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Author : New Zealand. Law Commission
language : en
Publisher:
Release Date : 1998-01-01
Some Insurance Law Problems written by New Zealand. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Insurance law categories.
