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Author : BARBARA. BILLINGSLEY
Publisher : Unknown
Page : 128 pages
File Size : 50,8 Mb
Release : 2020
Category : Electronic
ISBN : 0433498617
Author : Pierpaolo Marano,Kyriaki Noussia
Publisher : Springer Nature
Page : 714 pages
File Size : 51,5 Mb
Release : 2020-03-11
Category : Law
ISBN : 9783030311988
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Author : Malcolm Alistair Clarke,Malcolm A. Clarke
Publisher : Lloyd's of London Press Limited
Page : 1018 pages
File Size : 54,8 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105060925166
"Widely regarded as the premier source to insurance contract law, it provides an exhaustive guide with detailed notes you can cite in court in a highly readable, fuss-free manner."
Author : Jeffrey W. Stempel
Publisher : Aspen Publishers
Page : 1032 pages
File Size : 53,5 Mb
Release : 1994
Category : Business & Economics
ISBN : STANFORD:36105060923336
Author : Zhen Jing
Publisher : Taylor & Francis
Page : 992 pages
File Size : 48,6 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317802549
Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and – significantly – in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.
Author : Malcolm Alistair Clarke,Julian M. Burling,Robert L. Purves
Publisher : Unknown
Page : 1258 pages
File Size : 54,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060300709
This guide to the law of insurance contracts is now presented in looseleaf format, aiming to make it easy to find answers to contract problems and to allow the information to be continuously updated as the law changes. The depth and range analyzes all aspects of insurance contracts and presents detailed content but with a practical structure making it easy to read and making solutions easy to find.
Author : Project Group Restatement of European Insurance Contract Law
Publisher : sellier. european law publ.
Page : 737 pages
File Size : 53,9 Mb
Release : 2009
Category : Insurance law
ISBN : 9783866530690
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
Author : Barbara Billingsley
Publisher : Unknown
Page : 469 pages
File Size : 55,8 Mb
Release : 2014
Category : Insurance law
ISBN : 0433469188
"Whether you are preparing and arguing insurance cases in court, assessing the enforceability of an insurance contract, or advising clients about their insurance contracts – this book provides the straightforward analysis and valuable insight you need to be at your most effective. This comprehensive publication focuses exclusively on Canadian insurance law general principles, and is now fully updated to take into account the latest developments in case law and insurance regulation."--pub. desc.
Author : Craig Brown
Publisher : Unknown
Page : 128 pages
File Size : 48,5 Mb
Release : 2018
Category : Electronic
ISBN : 0433495502
Author : Robert M. Merkin,John S. Butler,Alison A. Green
Publisher : Unknown
Page : 128 pages
File Size : 52,8 Mb
Release : 1992
Category : Electronic
ISBN : 1870080629
Author : Great Britain. Law Commission
Publisher : The Stationery Office
Page : 258 pages
File Size : 45,8 Mb
Release : 2012
Category : Law
ISBN : 0118405284
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.
Author : Malcolm Alistair Clarke
Publisher : Unknown
Page : 909 pages
File Size : 45,9 Mb
Release : 2024-06-28
Category : Insurance law
ISBN : 1859781608
Author : Robert M. Merkin
Publisher : Unknown
Page : 128 pages
File Size : 54,7 Mb
Release : 1988
Category : Electronic
ISBN : 8792009050
Author : Leander D. Loacker
Publisher : Edward Elgar Publishing
Page : 360 pages
File Size : 50,7 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781784717520
The direction and clarity of the author's argument is commendably clear. Thus it is clear at the outset that he is mainly concerned with pre-contractual information duties as they affect consumers, and thus standard form contracts¢although, he argu
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 45,6 Mb
Release : 2019
Category : Insurance law
ISBN : 3030311996
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed.
