This detailed examination of the developing law of insurance combines exposition with critical analysis. The intention is to meet the needs of typical undergraduate courses, while also providing the essential framework for those studying insurance law at postgraduate level.
Part 1 General principles of insurance contracts: the insurance contract - definition, premium, benefit, uncertainty, insurable interest, the need for a policy, looking at the agreement as a whole, contracts of guarantee, contracts of indemnity; formation of the insurance contract - offer and acceptance, mistake, insurance contracts at Lloyd's, formalities, renewals, cover notes, telephone insurance; insurable interest and the doctrine of privity of contract - the statutory requirements, insurable interest in lives - the Life Assurance Act 1774, declaring the name of the insured in the policy document, insurable interest in property insurance, insuring on behalf of third parties, the doctrine of privity of contract and third party rights; the duty of disclosure - materiality of facts and misrepresentation - the doctrine of uberrimae fidei, the juridical roots of the duty of disclosure, determining the materiality of non-disclosed facts, qualifying the duty of disclosure, the consequences of non-disclosure and the burden of proof, towards defining the term "influence", the requirement of "inducement", the ambit of the insured's duty of disclosure, the duration of the duty, the scope of the insurer's duty of disclosure, misrepresentation, the consequences of misrepresentation by the insurer; construing the terms of the insurance contract - the terms of the contract, construing the terms of the insurance contract, parol evidence rule, unfair terms in Consumer Contracts Regulations 1994; warranties, conditions and terms descriptive of risk - the perspective of the general law of contract, the nature and effect of insurance warranties, creating an insurance warranty, classification of warranties in insurance contracts, terms descriptive of the risk, consequences of a breach of warranty, breach of warranty - the waiver - estoppel dichotomy, conditions; causation - proximate cause rule, agreements to alter the rule of causation, multiple causes, burden of proof, the impact of deliberate actions by the insured; claims procedure, measurement of loss and reinstatement - claims procedure, measurement of loss, reinstatement; subrogation and abandonment - subrogation and indemnity, when the right of subrogation arises, rights of subrogation, the justification for subrogation, abandonment. Part 11 Specific contracts of insurance - marine insurance - interpreting the Marine Insurance Act 1906, the contract of marine insurance, the form of the marine insurance policy, types of policy, voyage policies - change of voyage and deviation, warranties, construing the policy, collision, general average, particular average distinguished from general average, total loss - actual and constructive; motor insurance - requirements of compulsory insurance, certificate of insurance, the effect of exclusions in the policy, construing exclusions in the policy, cover for a permitted driver, third party claims, where the driver is uninsured or cannot be traced. (Part Contents).
Insurance Law: Doctrines and Principles by John Lowry
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Bloomsbury Publishing PLC
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