Policies and Perceptions of Insurance Law in the Twenty First Century

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199227648
Total Pages : 0 pages
Book Rating : 4.2/5 (276 download)

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Book Synopsis Policies and Perceptions of Insurance Law in the Twenty First Century by : Malcolm Alistair Clarke

Download or read book Policies and Perceptions of Insurance Law in the Twenty First Century written by Malcolm Alistair Clarke and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Professor Malcolm Clarke provides a stimulating, critical introduction to the English law of insurance contracts, presenting the rules in both their legal and socio-economic contexts. He sets out the principles behind the law in a clear manner, moving on to explore theimplications of certain rules in order to examine the importance of effective insurance and effective insurance law in modern society.Comparative reference is made to the corresponding rules in common law countries and also in major jurisdictions in western Europe, providing a thought-provoking wider view of the relevant law.The book illustrates the different perceptions of insurance and of insurance law that are to be found amongst lawyers, insurers, and policy-holders. In particular, it argues that the perception of many people, and also not least of many judges, is that if any dispute arises with insurers, insurershave an unfair advantage under the law. Moreover, this is in fact usually the case, if insurers choose to use their advantage.By presenting the rules of insurance contract law in the wider context of contract law at large, the book seeks to demystify them and to challenge the assumption that insurance law is or ought to be greatly different from other parts of the law. In particular, he argues that insurance contract lawshould be available and intelligible to serious enquirers, lawyers, and non-lawyers alike.

Policies and Perceptions of Insurance

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198763417
Total Pages : 358 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Policies and Perceptions of Insurance by : Malcolm Alistair Clarke

Download or read book Policies and Perceptions of Insurance written by Malcolm Alistair Clarke and published by Oxford University Press, USA. This book was released on 1997 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policies and Perceptions of Insurance offers an introduction to insurance contract law in the United Kingdom today. Malcolm Clarke provides students with a clear outline of insurance law, while alerting them to the social and theoretical issues arising out of the law and practice of insurance.The framework for discussion is the tracing of the life of an insurance contract from purchase to claim, which is used to summarize settled and satisfactory legal rules, but also highlight more controversial matters and invite reflection on the objectives of insurance law and whether theseobjectives have been achieved.

Insurance and the Law of Obligations

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Publisher :
ISBN 13 : 0199645744
Total Pages : 457 pages
Book Rating : 4.1/5 (996 download)

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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 2013-08-29 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.

Policyholder's Reasonable Expectations

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509900772
Total Pages : 288 pages
Book Rating : 4.5/5 (99 download)

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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 Bloomsbury Publishing. This book was released on 2016-11-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law 'doctrine' of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder's reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.

Transparency in Insurance Contract Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030311988
Total Pages : 714 pages
Book Rating : 4.0/5 (33 download)

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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.

Carter v Boehm and Pre-Contractual Duties in Insurance Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509916067
Total Pages : 525 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Carter v Boehm and Pre-Contractual Duties in Insurance Law by : Yong Qiang Han

Download or read book Carter v Boehm and Pre-Contractual Duties in Insurance Law written by Yong Qiang Han and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.

InsurTech: A Legal and Regulatory View

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Publisher : Springer Nature
ISBN 13 : 3030273865
Total Pages : 396 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis InsurTech: A Legal and Regulatory View by : Pierpaolo Marano

Download or read book InsurTech: A Legal and Regulatory View written by Pierpaolo Marano and published by Springer Nature. This book was released on 2019-12-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. There is a proliferation of ideas and concepts within InsurTech that will fundamentally change the market in the next few years. These innovations have the potential to change the way the insurance industry works and alter the relationships between customers and insurers, resulting in insurance products that are more closely aligned to individual preferences and priced more appropriately to the risk. Increasing use of technology in the insurance sector is having both a disruptive and transformative impact on areas including product development, distribution, modelling, underwriting and claims and administration practice. The result is a new industry, known as InsurTech. But while the insurance market looks to technology for greater efficiency, regulators are beginning to raise concerns about managing potential risks. The first part of the book examines technological innovations relevant for insurance, such as FinTech, InsurTech, Sharing Economy, and the Internet of Things. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots. Last but not least, the fourth part of the book discusses legal and ethical questions regarding autonomous vehicles and transportation, including the shipping industry, as well as their impact on the insurance sector and civil liability. Written by legal scholars and practitioners, the book offers international, comparative and European perspectives. The Chapters "FinTech, InsurTech and the Regulators" by Viktoria Chatzara, "Smart Contracts in Insurance. A Law and Futurology Perspective" by Angelo Borselli and "Room for Compulsory Product Liability Insurance in the European Union for Smart Robots?” by Aysegul Bugra are available open access under a CC BY 4.0 license at link.springer.com. All three open access chapters were funded by BIPAR.

The Transformation of European Private Law

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Publisher : Cambridge University Press
ISBN 13 : 1107038804
Total Pages : 351 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Transformation of European Private Law by : James Devenney

Download or read book The Transformation of European Private Law written by James Devenney and published by Cambridge University Press. This book was released on 2013-10-24 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.

Insurance Theory and Practice

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Publisher : Routledge
ISBN 13 : 1136963456
Total Pages : 340 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Insurance Theory and Practice by : Rob Thoyts

Download or read book Insurance Theory and Practice written by Rob Thoyts and published by Routledge. This book was released on 2010-06-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a comprehensive overview of the theory, functioning, management and legal background of the insurance industry. This title begins with an examination of the insurance concept, its guiding principles and legal rules before moving on to an analysis of the market, its players and their roles and relationships.

Law and Values in the European Union

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Publisher : Oxford University Press
ISBN 13 : 0191058815
Total Pages : 481 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Law and Values in the European Union by : Stephen Weatherill

Download or read book Law and Values in the European Union written by Stephen Weatherill and published by Oxford University Press. This book was released on 2016-05-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart. In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.

The Conflict of Laws

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Publisher : Oxford University Press, USA
ISBN 13 : 0199679274
Total Pages : 434 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Conflict of Laws by : Adrian Briggs

Download or read book The Conflict of Laws written by Adrian Briggs and published by Oxford University Press, USA. This book was released on 2013-04-25 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by one of the leading scholars of private international law, this third edition is an accessible introduction to the challenging area of the conflict of laws. Fully reconfigured to take into account the changes brought about by the European Regulations, Adrian Briggs' volume is an essential overview to the field.

Contract Law Minimalism

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Publisher : Cambridge University Press
ISBN 13 : 1107021073
Total Pages : 314 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Contract Law Minimalism by : Jonathan Edward Morgan

Download or read book Contract Law Minimalism written by Jonathan Edward Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically examines moral-promissory, economic and socio-legal perspectives on contract law, arguing that it should be formal and minimalistic by design.

Introduction to Company Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199601321
Total Pages : 345 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Introduction to Company Law by : Paul Davies

Download or read book Introduction to Company Law written by Paul Davies and published by Oxford University Press, USA. This book was released on 2010-09-23 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part of the 'Clarendon Law Series' this volume offers a concise introduction to company law. It sets out the five key functions of company law, as well as examining how to maximise the benefits whilst minimising the costs of creating a company.

Impact of Privatization Policy and FDI on Life Insurance Corporation Vis-à-vis Insurance Regulatory Authority of India

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Publisher : EduPedia Publications (P) Ltd
ISBN 13 : 1507662939
Total Pages : 139 pages
Book Rating : 4.5/5 (76 download)

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Book Synopsis Impact of Privatization Policy and FDI on Life Insurance Corporation Vis-à-vis Insurance Regulatory Authority of India by : Sukhvinder Singh Dari

Download or read book Impact of Privatization Policy and FDI on Life Insurance Corporation Vis-à-vis Insurance Regulatory Authority of India written by Sukhvinder Singh Dari and published by EduPedia Publications (P) Ltd. This book was released on 2014-09-03 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance business in India had taken step first in open competitive market then to nationalization. For almost four decades LIC has been the sole player with virtual monopoly in the Life Insurance Sector, it was in 1990,s government of India ventured into policy of liberalization and privatization and once again the insurance sector is back to privatize and liberalized market. Hence today most of the private players are giving competition to the public sector company, As private players entered in the market the market is booming in insurance sector with various products for attracting the attention of customer consequently by the year 2000-2001 , 12 players entered the life insurance sector .which will effect the performance of life insurance corporation .Thus the LIC had never faced any competition and at the same time had monopoly in the market, now has to compete with the private players,. It is therefore important to study the performance of Life Insurance Corporation after the entry of the private players and after adapting liberalize policy by the government therefore it becomes imperative to evaluate the performance of life insurance Corporation of India. The entry of private players in the market after adapting privatization by the government had effected in the performance of the life insurance sector, which is the key sector in the financial system Hence there is primary need to evaluate the performance of LIC and to study the need of privatization in Life Insurance Sector at the same time to study impact of private entrants in Insurance Sector, especially with regard to performance of life Insurance Corporation of India The broader objective of this study is to evaluate the role of privatization on the performance of LIC. Following are the specific objectives of this study; 1. To evaluate the performance of LIC 2. To study the need of privatization in Life Insurance Sector 3. To study impact of private entrants in Insurance Sector, Specially with regard to performance of life Insurance Corporation of India The suggestion and criticism for the improvement in the research are welcome.

Discrimination Law

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Publisher : Oxford University Press
ISBN 13 : 0198854080
Total Pages : 577 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Discrimination Law by : Sandra Fredman FBA KC

Download or read book Discrimination Law written by Sandra Fredman FBA KC and published by Oxford University Press. This book was released on 2022-12-22 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.

Justifying Strict Liability

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Publisher : Oxford University Press
ISBN 13 : 0192676075
Total Pages : 402 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Justifying Strict Liability by : Marco Cappelletti

Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-05-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Administrative Law

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Publisher : Clarendon Law
ISBN 13 : 0199692327
Total Pages : 493 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Administrative Law by : Peter Cane

Download or read book Administrative Law written by Peter Cane and published by Clarendon Law. This book was released on 2011 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law provides a sophisticated but highly accessible account of a complex area of law of great contemporary relevance and increasing importance. Written in a clear and flowing style, the text has been radically reorganized and extensively rewritten to present administrative law as a framework for public administration. After an exploration of the nature, province, and sources of administrative law as well as the concept of administrative justice, the book briefly discusses the institutional framework of public administration. The second part of the book deals with the normative framework of public administration, starting with a general discussion of administrative tasks and functions and then examining in some detail norms relating to administrative procedure and openness, decision-makers' reasoning processes and the substance of administrative decisions. The next topic is the private law framework provided by the law of tort, contract, and restitution. The third part of the book provides an account of institutions and mechanisms of accountability by which the framework of public administration is policed and enforced: judicial review and appeals by courts and tribunals, bureaucratic and parliamentary oversight, and investigations by ombudsmen. This part ends by considering how these various mechanisms fit into the administrative justice system. The final part of the book explores the functions of administrative law and its impact on administration.