The Law Of Insurance Warranties
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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.
Warranties In Marine Insurance
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Author : Baris Soyer
language : en
Publisher: Cavendish Publishing
Release Date : 2001-09-07
Warranties In Marine Insurance written by Baris Soyer and has been published by Cavendish Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-07 with Business & Economics categories.
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Insurance Contract Law
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Author :
language : en
Publisher:
Release Date : 2014
Insurance Contract Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Disclosure of information 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.
A Practical Guide To The Insurance Act 2015
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Author : David Kendall
language : en
Publisher: Taylor & Francis
Release Date : 2017-09-22
A Practical Guide To The Insurance Act 2015 written by David Kendall and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-22 with Law categories.
The Insurance Act 2015 ('the Act') is the first comprehensive statutory reform of the insurance law of the United Kingdom since the Marine Insurance Act 1906. It introduces thorough and, in some cases, fairly drastic reform of some of the core tenets of UK insurance law, including: the insured’s pre-contractual duty to the insurer, and remedies for its breach; the knowledge of the insured and the insurer for the purposes of the pre-contractual duty; the effect of insurance warranties and other terms tending to reduce the risk of loss; fraudulent claims; and damages for failure to pay an insurance claim in a reasonable time. This book is a thorough introduction to the Act. It focuses primarily on the impact of the Act on English law as applied to non-consumer insurance and reinsurance. Of assistance not only to insurance lawyers and members of the judiciary, but also underwriters, claims handlers, brokers and buyers of non-consumer insurance policies, this book covers each of the core changes brought about by the Act. It also analyses the particular ways in which the Act differs from existing law, by reference to the Marine Insurance Act 1906, and cases decided under the old law.
Insurance Contract Law
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Author :
language : en
Publisher:
Release Date : 2014
Insurance Contract Law written by 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.
Warranties In Marine Insurance
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Author : Baris Soyer
language : en
Publisher: Routledge
Release Date : 2016-10-14
Warranties In Marine Insurance written by Baris Soyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-14 with Law categories.
For centuries, warranties have played a significant role in the law of marine insurance and have recently sparked debate on a national and international level after calls for reform. This second edition includes a more involved analysis of law reform as well as a discussion of the recent proposals of the Australian Law Reform Commission. Soyer lucidly analyzes the legal remedy available when a marine insurance warranty is breached as well as setting out the current law on marine insurance warranties. This new edition also includes: a new section on the impact of the International Ship and Port Facility Security Code (ISPS Code) reference to numerous decisions recently handed down by the courts eg. HIH Casualty and General Insurance Ltd. v. New Hampshire Co. and Agapitos v. Agnew (No. 2) a more in-depth discussion of the position in other commonwealth jurisdictions, specially Australia and Canada.
Briefs On The Law Of Insurance
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Author : Roger William Cooley
language : en
Publisher:
Release Date : 1932
Briefs On The Law Of Insurance written by Roger William Cooley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1932 with Chemicals categories.
Marine Insurance Law
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Author : Özlem Gürses
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-28
Marine Insurance Law written by Özlem Gürses and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-28 with Law categories.
Marine Insurance Law introduces and clearly explains all topics covered in undergraduate and postgraduate-level courses, offering students and those new to the area a comprehensive and accessible overview of this important topic in maritime law. Observing the general principles of the subject and structure and formation of insurance contracts, this text goes on to look at individual considerations in detail, including the duty of utmost good faith/fair presentation of the risk, insurable interest, terms of insurance contracts, warranties and conditions, brokers, the premium, causation and marine perils, losses, sue and labour, subrogation, fraudulent claims, and reinsurance. The third edition has been fully updated and expanded to cover additional pre-Marine Insurance Act 1906 (MIA 1906) cases, as well as the implications of the Insurance Act 2015 on the duty of fair presentation of the risk in business insurance and on the remedy for breach of a warranty. The reader will also read about the emphasis placed by the UK Supreme Court on the construction of s. 55 of the MIA 1906, and the challenges faced in respect of claims for a constructive total loss of the subject matter insured, which are especially current at the time the book is being prepared for its publication. This textbook is the ideal companion for any student, academic, and practitioner wishing to study the subject and to explore more detailed information on the principles of marine insurance law.
Insurance Law An Introduction
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Author : Robert Merkin
language : en
Publisher: CRC Press
Release Date : 2014-02-04
Insurance Law An Introduction written by Robert Merkin and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-04 with Law categories.
Insurance Law – An Introduction is essential reading and will provide you with a thorough understanding of all the main areas including motor, property, financial and marine insurance. The book contains the latest case law and best practice with reference to problem areas including fraudulent claims, third party rights against insurers and construing insurance terms. Comprehensive guidance on all key areas from the duty of utmost good faith to choice of law and jurisdictional issues is given by the leading legal experts in the insurance industry.