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Insurance And The Law Of Obligations
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Book Synopsis Insurance and the Law of Obligations by : Rob Merkin
Download or read book Insurance and the Law of Obligations written by Rob Merkin and published by Oxford University Press. This book was released on 2013-08-29 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insurance industry has a significant impact on the operation of private law, yet remains poorly understood and under-theorized in the legal literature. Filling an important gap, this book analyses the interaction of insurance law and the general law of obligations, in theory and practice.
Book Synopsis Insurance and the Law of Obligations by : Robert M. Merkin
Download or read book Insurance and the Law of Obligations written by Robert M. Merkin and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Advanced Introduction to Insurance Law by : Robert H. Jerry, II
Download or read book Advanced Introduction to Insurance Law written by Robert H. Jerry, II and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry’s origins help us understand the present, and how insurance connects to major public policy issues that will shape the world for future generations.
Book Synopsis Fundamentals of Insurance Coverage in All 50 States by : Bradley W. Matthiesen
Download or read book Fundamentals of Insurance Coverage in All 50 States written by Bradley W. Matthiesen and published by Juris Publishing, Inc.. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each state's coverage laws are examined under the following headings: The contract of insurance; Procedural considerations; Construction and interpretation; Extent of risks and coverage; Rights and obligations of the parties; Insurer's duty of good faith and fair dealing; Policy defenses; Environmental issues and insurance law.
Book Synopsis Insurance Law of New York by : New York (State)
Download or read book Insurance Law of New York written by New York (State) and published by . This book was released on 1901 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance Law written by Robert E. Keeton and published by West Academic Publishing. This book was released on 1988 with total page 1420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise explains how certain principles or doctrines such as insurable interests, designation of insurers, and risk transference apply to property, life, liability, or other types of insurance. It also addresses insurance law issues and suggests lines of analysis to consider in order to better evaluate the merits of a claim. Other subjects include conceptualization, classification, marketing, indemnity, insurability, claim processes, and settlements. Also overviews insurance regulation, government sponsorship of insurance, and resolving disputed claims.
Book Synopsis Research Handbook on International Insurance Law and Regulation by : Julian Burling
Download or read book Research Handbook on International Insurance Law and Regulation written by Julian Burling and published by Edward Elgar Publishing. This book was released on 2012 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Global insurance and its rapidly evolving law and regulation demands international research. To this aim, the Handbook offers a truly international collection of essays. Highly renowned experts analyze the key topics currently under international discussion and development. While representing a diversity of national jurisdictions, the focus lies on the largest insurance jurisdictions (USA, UK and Germany) but newly important jurisdictions like Brazil and China are considered as well a most valuable and important contribution to international insurance law literature.' Manfred Wandt, Director of the Insurance Law Institute, Goethe-University Frankfurt, Germany 'This Research Handbook is published at an opportune time. A global review of insurance law and regulation is underway. Much reform happens locally with little reference to developments elsewhere and this Research Handbook brings the strands together. It is a comprehensive review by distinguished authors from different backgrounds including both leading academics and practitioners. They consider the definitions of insurance, its economic underpinnings, comparative law and regulations, actual and proposed reforms, the effects on underwriting and claims and how insurance is studied and taught. Good laws and regulation benefit the market and its customers. Bad laws and regulation do the opposite. This book is required reading for all involved in the reform process.' David Hertzell, Law Commissioner 'Globalisation has had no greater impact in the commercial world than on insurance, the law which governs it and the risks it seeks to address. Those who inspired this publication and the contributing authors, are to be thanked for providing such a necessary and useful reference source. It covers so much of what insurance professionals need to be aware of in the insurance/law world of the twenty first century.' Michael Gill, President of the International Insurance Law Association Given its economic importance, insurance is a field that has been underserved as an area of academic study. This detailed book provides much needed coverage of insurance law and regulation in its international context. Produced in association with Lloyd's, it draws on the expertise both of academics and practising lawyers. Containing 30 comprehensive chapters, it provides in-depth studies on key areas, such as the role of international organisations, the judicial interpretation of insurance contract clauses and transnational regulatory recognition. It also provides thorough introductions to important jurisdictions, including the EU, US and Japan as well as focusing on newly emerging economies such as China and Brazil. Specialist topics covered include regulation by and of Lloyd's, the tort of bad faith in the US, microinsurance and takaful insurance. This well-documented resource will appeal to academics and students in insurance law and regulation, policymakers and private practice lawyers. The book also aims to stretch the imagination of anyone with an interest in insurance law and regulation, providing detailed analysis and avenues for further investigation.
Book Synopsis New Jersey Insurance Law by : George J. Kenny
Download or read book New Jersey Insurance Law written by George J. Kenny and published by New Jersey Law Journal. This book was released on 2014-11-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Jersey Insurance Law provides comprehensive, accurate and in-depth information about insurance policies, issues and law in New Jersey. This annual paperback provides the most updated information in the most reader-friendly format "Particularly useful are the chapters on specific types of policies. In this area, perhaps, the book achieves its ultimate purpose of bringing together in one place the many disparate threads of insurance practice." -- Steven M. Richman, Duane Morris, LLP, New Jersey Law Magazine "This book provides a comprehensive overview of the key precedential developments in insurance coverage law and is a fundamental starting point for all aspects of research and knowledge in this practice area." -- Kimberly M. Parson, of Smith, Stratton, Wise, Heher & Brennan, LLP
Book Synopsis Insurance Law in a Nutshell by : John F. Dobbyn
Download or read book Insurance Law in a Nutshell written by John F. Dobbyn and published by West Academic Publishing. This book was released on 2003 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reliable source on the fundamentals of insurance law covers topics such as insurable interest, risk, insurer defenses, waiver and estoppel, recovery, subrogation, reinsurance, and bonds. In addition, expert analysis provides a sense of the peculiar directions insurance law would take, and their erroneous outcomes, if the pure principles of contract law were applied.
Book Synopsis The Law of Insurance Contracts by : Malcolm Alistair Clarke
Download or read book The Law of Insurance Contracts written by Malcolm Alistair Clarke and published by . This book was released on 2002 with total page 1258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Insurance Practices and Coverage in Liability Defense by : John S. Pierce
Download or read book Insurance Practices and Coverage in Liability Defense written by John S. Pierce and published by Wolters Kluwer. This book was released on 2013-11-20 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by nationally recognized insurance law practitioners and academics, Insurance Practices and Coverage in Liability Defense, Second Edition (formerly titled Defending the Insured) provides the first comprehensive and objective analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the appointed counsel in insurance defense. Each chapter provides a detailed discussion of topics engendered by the duty to defend and the consequent obligations of each of the parties. Reference tables and appendices then survey the law in each state on those topics. The result is a book that provides both a national study and state-specific analysis, allowing practitioners, courts and researchers the ability to see the big picture as well as to focus on and compare how states actually deal with the particular issue. Topics covered include: The use of staff counsel Billing guidelines Audits of attorneysand’ fees Reservations of rights Communication privileges and issues, and cooperation duties Conflicts of interest, control of the defense including independent counsel Allocation of defense costs between insurer and insured Allocation of indemnity expense between insurer and insured Allocation and determination of deductibles and SIRs Coverage allocation in multi-year, continuing loss cases, including horizontal and vertical exhaustion, stacking, and and“all sumsand” Application and features of judicial remedies of declaratory relief and intervention Insurance Practices and Coverage in Liability Defense, Second Edition is the book that combines practice and theory, that serves both the insurer and insured, the national practitioner and the local counsel, and informs courts where concurrence and divergence exist on the sometimes thorny, interrelated issues.
Book Synopsis Insurance and the Law of Obligations by : Rob Merkin
Download or read book Insurance and the Law of Obligations written by Rob Merkin and published by OUP Oxford. This book was released on 2013-08-29 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
Book Synopsis The Law of Liability Insurance by : Malcolm A. Clarke
Download or read book The Law of Liability Insurance written by Malcolm A. Clarke and published by Taylor & Francis. This book was released on 2013-07-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative and comprehensive review of all aspects of the law that relate to liability insurance contracts. Taking an international comparative perspective, The Law of Liability Insurance covers all the major types of liability insurance, not just professional indemnity insurance, presenting the issues according to the general principles of contract law. The book begins by concentrating on the fundamentals of the liability insurance contract before moving on to cover conditions, defence, exclusions, and finally claims against and non-payment by the insurer. This book will be an invaluable reference tool for practitioners and professionals working in the commercial liability insurance industry, including those who operate globally, as well as being a source for academics and post-graduate students.
Download or read book Obligations written by D. G. Cracknell and published by . This book was released on 2005 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Obligations: Contract Law is a clear and concise textbook which covers a considerable amount of recent developments in the law, including the decision of the House of Lords in Sirius International Insurance (Publ) v FAI General Insurance Ltd (2004) on interpretation of commercial documents and Jackson v Royal Bank of Scotland plc (2005) on damages: loss of repeat orders.
Book Synopsis The Law of Indemnification and Its Interplay with Liability Insurance by : John B. Mumford (Jr.)
Download or read book The Law of Indemnification and Its Interplay with Liability Insurance written by John B. Mumford (Jr.) and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 50-state survey studies the intersection between general liability insurance and an insured's separate agreement to indemnify.
