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Preface | |
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Authors' Biographies | |
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Table of Cases | |
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Table of Legislation, Conventions and Rules | |
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An Introduction To Insurance And Insurance Law | |
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Formation of an insurance contract | |
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Premium | |
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Privity and third-party rights | |
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Insurable interest | |
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Insurance intermediaries | |
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Regulation of insurance in the U.K. | |
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Test your understanding | |
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Utmost Good Faith | |
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Elements of the duty of utmost good faith | |
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Non-disclosure: materiality of facts and inducement | |
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Facts material to insurance contracts | |
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Misrepresentation | |
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A post-contractual duty of good faith? | |
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Agents and the proposal form | |
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Remedies for breach of duty | |
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The insurer's duty of utmost good faith | |
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Practice and reform | |
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Appendix: The relevant provisions of the Marine Insurance Act 1906 | |
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Test your understanding | |
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Terms Of Insurance Agreements | |
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Construing insurance terms | |
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Warranties | |
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Conditions precedent | |
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Innominate terms | |
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Exclusion clauses | |
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Test your understanding | |
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Measure Of Indemnity | |
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The meaning of loss | |
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Valued and unvalued policies | |
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Amount recoverable under valued policies and unvalued policies | |
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Consequential loss | |
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Interest | |
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Policy terms restricting recovery | |
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Costs of mitigation | |
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Test your understanding | |
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Claims | |
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Introduction | |
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Presentation of claims | |
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Implied term to act with reasonable speed and efficiency | |
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Interim payments | |
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Investigation of claims | |
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Fraudulent claims and "fraudulent devices" | |
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Repudiation of liability | |
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Agreements with third parties for repair or reinstatement | |
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Settlement agreements | |
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Issues arising in relation to liability policies | |
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Test your understanding | |
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Bibliography | |
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Subrogation, Contribution And Reinstatement | |
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Subrogation | |
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The doctrine | |
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The parties' rights prior to indemnification by the insurer | |
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Running a subrogated recovery action | |
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The third party claim | |
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Subrogation waiver clauses | |
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Miscellaneous | |
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Assignment or subrogration? | |
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Allocation of sums received | |
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Payments to which subrogation does not attach | |
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Contribution and reinstatement | |
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Intro duction | |
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Criteria for contribution | |
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Rights of the insured | |
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Modification of the insured's rights | |
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The rights of co-insurers | |
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Reinstatement | |
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Martine Insurance | |
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Nature of marine insurance | |
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Insurable interest in marine insurance | |
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Warranties in marine insurance | |
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Marine risks | |
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Perils excluded | |
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Losses in marine insurance | |
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Measure of indemnity | |
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Test your understanding | |
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Property And Finance Insurance | |
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Insurance on property | |
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Fidelity policies | |
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Mortgagees' interest insurance | |
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Credit insurance | |
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Legal expenses insurance | |
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Exclusion from property and financial policies | |
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Test your understanding | |
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Motorand Other Liability Insurance | |
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Principles governing liability policies | |
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Compulsory motor insurance | |
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Compulsory employers' liability insurance | |
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Direct actions against liability insurers | |
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Test your understanding | |
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Choice Of Law And Jurisdictional Issues | |
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Introduction | |
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Why does jurisdiction matter? | |
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The four sets of rules on jurisdiction | |
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General observations regarding the Regulation | |
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The common law rules on jurisdiction | |
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The Regulation's rules on jurisdiction if the contract contains no jurisdiction clause | |
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The Regulation's rules on jurisdiction if the contract contains a jurisdiction clause | |
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Concurrent proceedings-introduction | |
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Concurrent proceedings--the common law rules | |
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Concurrent proceedings-the Regulation's rules | |
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Applicable law-introduction | |
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The Non-Life Directive's rules on applicable law | |
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The Life Directive's rules on applicable law | |
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The Rome Convention's rules on applicable law | |
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Mandatory rules | |
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Test your understanding | |
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Answers to test your understanding questions | |