The Insurance Act 2015 Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Insurance Act 2015 book. This book definitely worth reading, it is an incredibly well-written.
A Practical Guide to the Insurance Act 2015 by David Kendall,Harry Wright Pdf
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.
The Insurance Act 2015 by Malcolm Clarke,Baris Soyer Pdf
The Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.
The Insurance Act 2015 by Malcolm Clarke,Baris Soyer Pdf
The Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.
MARINE INSURANCE ACT 1906 Vs. INSURANCE ACT 2015 by John L Clark Pdf
A section-by-section critical comparison of the Marine Insurance Act 1906 and Insurance Act 2015, an analysis of the doctrine of uberrimæ fidei and a revision of selected cases brought before English courts both before and after the enactment of the new Act to identify a pattern of evolution towards modern adjudication of insurance matters. However, no suggestion for legislative reform is proffered herein. The Marine Insurance Act 1906 contains provisions dealing specifically with maritime matters which may be directly applicable to any contract of insurance by removing or replacing certain terms. The definition of a marine insurance contract in section 1, for example, "A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure," could refer to any contract simply by deleting the word "marine." The bulk of the Marine Insurance Act articulates universal concepts and principles generally applicable to the entire insurance industry, namely disclosures and representations, warranties and loss, hence its global significance in that field for over a century, and its broad implementation and transposition in the legal systems of many Commonwealth nations. But despite its meticulousness and merits, a glaring point of contention is the infamous principle of uberrimæ fidei (or "utmost good faith") for insurance contracts set out in section 17, "A contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract may be avoided by the other party," which originated in 1766 based on Lord Mansfield's comments in Carter v Boehm: "Insurance is a contract based upon speculation. The special facts, upon which the contingent chance is to be computed, lie most commonly in the knowledge of the insured only; the underwriter trusts to his representation and proceeds upon the confidence that he does not keep back any circumstance in his knowledge, to mislead the underwriter into a belief that the circumstance does not exist, and to induce him to estimate the risk as if it did not exist. Good faith forbids either party by concealing what he privately knows, to draw the other into a bargain from his ignorance of that fact, and his believing the contrary."Contrastingly, in a clear effort to democratise the legal framework for insurance contracts, the Insurance Act 2015 enshrines the duty of fair presentation in section 3, "Before a contract of insurance is entered into, the insured must make to the insurer a fair presentation of the risk," and effectively derogated the cumbersome "utmost good faith" precept to the dustbin of history in section 14, "Any rule of law permitting a party to a contract of insurance to avoid the contract on the ground that the utmost good faith has not been observed by the other party is abolished," boldly doing away with the archaic Latin expression. The Insurance Act also concisely provides for warranties and remedies for fraud in five succinct sections and abolishes so-called "basis of the contract" clauses in section 9, "This section applies to representations made by the insured [which are] not capable of being converted into a warranty by means of any provision of the non-consumer insurance contract (or of the terms of the variation), or of any other contract (and whether by declaring the representation to form the basis of the contract or otherwise)." by prohibiting the conversion of any representation by the insured into a warranty by means of contractual provision, which was originally obligated in Marine Insurance Act, section 35 (2), "An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy."
The Law of Insurance Warranties by Alastair Owen Pdf
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.
Good Faith and Insurance Contracts by Peter MacDonald Eggers,Simon Picken Pdf
Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
Insurance Law in the United Kingdom by John Birds Pdf
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in the United Kingdom. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows. The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen’s compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting the United Kingdom. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.
An Act to make new provision about insurance contracts; to amend the Third Parties (Rights against Insurers) Act 2010 in relation to the insured persons to whom that Act applie
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.
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.
Insurance is everywhere in Canadian society: health, employment, transportation, commerce, industry, and communications are all sectors of activity affected by insurance. Whether public or private, compulsory or voluntary, insurance touches everyone on a daily basis. Where there are risks, there is a need for insurance -- and one cannot live in the twenty-first century without encountering risk day in and day out. The ubiquity of insurance comes at a cost. This price is paid by all Canadians and not only by those who hold insurance policies. Every year, Canadian policyholders pay billions of dollars in premiums to private insurance companies. Regulation is another consequence of the prevalence of insurance. Canadian insurance law is a complex mixture of federal and provincial legislation, common law, and custom. This book offers a detailed survey of this regulatory patchwork, divided into three parts. Part 1 provides an introduction to the creation and enforcement of insurance contracts. The subject of Part 2 is the creation of an enforceable insurance contract. Part 3 examines the principles applicable to the enforcement of insurance contracts.
Illegality in Marine Insurance Law by Feng Wang Pdf
Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.
The new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today’s busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdiction and choice of law, particularly taking into account the Rome I Regulation Enhanced coverage of the issue of Constructive Total Loss Consideration of the Law Reform Commission’s proposals for the reform of insurance law, and further amendments to the Marine Insurance Act 1906. Covers latest developments in the Enterprise Bill for damages for late payment of claims Fully updated with all of the influential cases since 2009, including: The Cendor MOPU, one of the most important marine insurance cases of the last 50 years. Clothing Management v Beazley Solutions Notable hull cases such as Versloot Dredging v HDI Gerling on fraudulent devices Influential foreign cases taken from this book’s sister text, International Cargo Insurance This unique text is a one-stop resource for marine insurance lawyers handling cargo claims, and will also be of interest to students and researchers of maritime law.
Insurance Law: An Introduction by Robert Merkin Pdf
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.
