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Insurance Law: an Introduction

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ISBN-10: 1843116774

ISBN-13: 9781843116776

Edition: 2007

Authors: Robert Merkin

List price: $300.00
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Book details

List price: $300.00
Copyright year: 2007
Publisher: Informa Law
Publication date: 7/1/2007
Binding: Hardcover
Pages: 398
Size: 6.30" wide x 9.45" long x 0.79" tall
Weight: 1.408
Language: English

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