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Good Faith And Insurance Contracts
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Book Synopsis Good Faith and Insurance Contracts by : Peter MacDonald Eggers
Download or read book Good Faith and Insurance Contracts written by Peter MacDonald Eggers and published by Taylor & Francis. This book was released on 2017-12-06 with total page 1624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Good Faith and Insurance Contracts by : Peter MacDonald Eggers
Download or read book Good Faith and Insurance Contracts written by Peter MacDonald Eggers and published by Informa Law from Routledge. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Faith and Insurance Contracts contains exhaustive analysis of the law concerning the duty of utmost good faith as applied to insurance contracts in the UK. This third edition has been updated to include references to new UK case law, changes in the regulatory regime, and discussion on the movements towards law reform which have been undertaken over the past three years. As good faith is an issue which arises in respect of all insurance contracts, this book will benefit all insurance practitioners. It synthesizes all known judicial decisions concerning good faith in this area.
Book Synopsis Good Faith in Contract by : Roger Brownsword
Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Book Synopsis Contractual Good Faith by : Steven J. Burton
Download or read book Contractual Good Faith written by Steven J. Burton and published by . This book was released on 1995 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Information Disclosure by : Julie-Anne Tarr
Download or read book Information Disclosure written by Julie-Anne Tarr and published by iUniverse. This book was released on 2001 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insurance contract is one of the most significant documents an average consumer signs in the course of his or her adult life. It defines the scope and measure of protection available to the policy holder should the risk eventuate. Insurers similarly view the information supplied during contract negotiations as critical. As it provides a basis for assessing the risk inherent in issuing the policy, failure to disclose information fully and accurately can skew calculation of the risk level inherent in the deal and of the appropriate premium payable. For this reason, insurance contracts have traditionally been treated as a special category of business dealing. Unlike standard contracts based on caveat emptor, – let buyers beware – insurance contracts bind both insurers and consumers to a higher duty of honesty and good faith in their dealings with each other. Failure to fully disclose information that may affect an insurer’s calculation of risk in taking on the contract can potentially, therefore, result in the valid rejection of a policy holder’s claim.Given the potentially devastating consequences claim denial carries for policy holders, this book outlines the current legal regulatory framework governing this area and assesses its capacity to provide a just and efficient set of standards for the exchange of this information in the pre-contracting stage.
Book Synopsis Policyholder's Reasonable Expectations by : Yong Qiang Han
Download or read book Policyholder's Reasonable Expectations written by Yong Qiang Han and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Good Faith in European Contract Law by : Reinhard Zimmermann
Download or read book Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Book Synopsis Good Faith in Contract and Property Law by : A. D. M. Forte
Download or read book Good Faith in Contract and Property Law written by A. D. M. Forte and published by Hart Publishing. This book was released on 1999 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a symposium held October 1998 at Aberdeen University.
Book Synopsis Good Faith in the Performance of Contracts by : Elisabeth Peden
Download or read book Good Faith in the Performance of Contracts written by Elisabeth Peden and published by Butterworth-Heinemann. This book was released on 2003-01-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deals with the emerging area of contract law and the role of good faith. It provides a clear overview of the different approaches available to the courts in the development of the doctrine of good faith in relation to the performance of contractual obligations.
Book Synopsis Disclosure and Concealment in Consumer Insurance Contracts by : Julie-Ann Tarr
Download or read book Disclosure and Concealment in Consumer Insurance Contracts written by Julie-Ann Tarr and published by Routledge. This book was released on 2013-03-04 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth examination of the theoretical,legal, social and economic foundations to disclosure and concealment of information in relation to the formation of consumer insurance contracts. A comparative treatment of this issue is undertaken with particular attention given to the judicial and legislative approaches adopted in the United Kingdom, the United States of America, Australia and New Zealand. It will be relevant to those researching and studying insurance law, all legal practitioners involved with the formation of consumer insurance contracts and non-legal practitioners working within the field of insurance.
Book Synopsis Good Faith in Insurance and Takaful Contracts in Malaysia by : Haemala Thanasegaran
Download or read book Good Faith in Insurance and Takaful Contracts in Malaysia written by Haemala Thanasegaran and published by Springer. This book was released on 2016-01-22 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.
Book Synopsis Good Faith in Canadian Insurance Law by : Roderick S. W. Winsor
Download or read book Good Faith in Canadian Insurance Law written by Roderick S. W. Winsor and published by Canada Law Book. This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Insurance Act 2015 by : Malcolm Clarke
Download or read book The Insurance Act 2015 written by Malcolm Clarke and published by CRC Press. This book was released on 2016-11-10 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Informed Insurance Choice? by : Leander D. Loacker
Download or read book Informed Insurance Choice? written by Leander D. Loacker and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Transparency in Insurance Contract Law by : Pierpaolo Marano
Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Book Synopsis Time to Rescind the Tort of Bad Faith by : Barry Zalma
Download or read book Time to Rescind the Tort of Bad Faith written by Barry Zalma and published by . This book was released on 2018-04-25 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance is, and always will be, a business of the utmost good faith. All parties to the insurance contract agree, in good faith and fair dealing, to do nothing to deprive the other the benefits of the contract.Insurance is, and always be, nothing more than a contract. The insurer makes a promise to the insured that if a contingent or unknown loss occurs caused by a peril or risk insured against and not excluded, to pay the insured indemnity as promised by the contract up to the limits provided.The insured promises to truthfully disclose the risks of loss faced by the insured, property owned by the insured, the business of the insured and/or the insured's liability exposures. The insured also promises to honestly present a claim, prove the claim, and cooperate with the insurer in its investigation.If the parties to the insurance contract deal with each other fairly and in good faith the policy remains viable, claims are paid promptly and to the satisfaction of the insurer and the insured. Only if a true tort occurs can the insured waive the contract action and sue in tort.Breach of contract, by centuries old tradition, is not a tort and cannot and should not be considered a tort. The Tort of Bad Faith has served its purpose and is now causing more problems than it solves. It is time the courts and state legislatures rescind the tort and return to common law contract damages.
