Insurance Claims in New Zealand

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Publisher :
ISBN 13 : 9781988598208
Total Pages : 0 pages
Book Rating : 4.5/5 (982 download)

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Book Synopsis Insurance Claims in New Zealand by : PAUL;BOYS MICHALIK (CHRIS.)

Download or read book Insurance Claims in New Zealand written by PAUL;BOYS MICHALIK (CHRIS.) and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Insurance claims are the reason for the existence of the insurance industry. In this comprehensive work, authors Paul Michalik and Chris Boys put claims at the heart of their analysis of insurance law in New Zealand. Insurance Claims in New Zealand is a rigorous and complete presentation of the law relating to how insurance claims are made and assessed in New Zealand. The authors examine issues arising at every level in the process -- from determining the validity of the policy and resolving issues of coverage and exclusion, to assessing the quantum of the loss or damage to be paid. Since 2015, when the first edition was published, there have been a number of developments in Insurance law: the concept of post claim good faith has developed; a number of outstanding unresolved issues have received judicial attention, including the assignment of claims rights, and the fraudulent claims rule; the issue of insurers' liability for defective repairs has been resolved; the Earthquake Commission/Toka Tū Ake's empowering legislation has been substantially overhauled; the Canterbury Earthquake Insurance Tribunal was established; and the Government has begun the work of meaningful insurance law reform"--Publisher information.

Insurance Contract Law

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Publisher : The Stationery Office
ISBN 13 : 9780118405287
Total Pages : 258 pages
Book Rating : 4.4/5 (52 download)

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Book Synopsis Insurance Contract Law by : Great Britain. Law Commission

Download or read book Insurance Contract Law written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2012 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Transparency in Insurance Regulation and Supervisory Law

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Publisher : Springer Nature
ISBN 13 : 3030636216
Total Pages : 617 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Transparency in Insurance Regulation and Supervisory Law by : Pierpaolo Marano

Download or read book Transparency in Insurance Regulation and Supervisory Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021-03-30 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.

Garrow and Fenton's Law of Personal Property in New Zealand

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Publisher :
ISBN 13 : 9781877511493
Total Pages : 946 pages
Book Rating : 4.5/5 (114 download)

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Book Synopsis Garrow and Fenton's Law of Personal Property in New Zealand by : Roger Tennant Fenton

Download or read book Garrow and Fenton's Law of Personal Property in New Zealand written by Roger Tennant Fenton and published by . This book was released on 2010 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-volume 7th edition of the highly regarded GARROW AND FENTON'S LAW OF PERSONAL PROPERTY IN NEW ZEALAND provides in-depth coverage of personal property securities as well as all other types of personal property. The 7th edition enlarges the role of previous editions, examining recent developments in a wholly modern context. The only comprehensive and completely up-to-date treatment of the topic of personal property in New Zealand. The two-volume work comprises over 2000 pages of commentary, allowing for in-depth treatment of the relevant topics. Continuation of a well-known and long-established book in the New Zealand market. A must-have title for anyone practising in a commercial or general practice. Written by Dr Roger Fenton, a highly regarded expert in this area of law. Volume 1 covers all types of personal property and includes detailed commentary on ownership of goods or tangible things, fixtures, gifts, bailment, liens, ships (including maritime liens), choses in action, and special forms of choses in action and incorporeal property. It also includes an overview of personal property securities.

Colinvaux's Law of Insurance in Hong Kong

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Publisher :
ISBN 13 : 9789626619773
Total Pages : 1483 pages
Book Rating : 4.6/5 (197 download)

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Book Synopsis Colinvaux's Law of Insurance in Hong Kong by : Robert M. Merkin

Download or read book Colinvaux's Law of Insurance in Hong Kong written by Robert M. Merkin and published by . This book was released on with total page 1483 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contract Law in New Zealand

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511680
Total Pages : 351 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Contract Law in New Zealand by : Stephen Todd

Download or read book Contract Law in New Zealand written by Stephen Todd and published by Kluwer Law International B.V.. This book was released on 2024-04-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in New Zealand covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in New Zealand will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Causation in Insurance Contract Law

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Publisher : Taylor & Francis
ISBN 13 : 1003844855
Total Pages : 283 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Causation in Insurance Contract Law by : Meixian Song

Download or read book Causation in Insurance Contract Law written by Meixian Song and published by Taylor & Francis. This book was released on 2024-02-15 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is a crucial and complex matter in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Now in its second edition, this unique book assists practitioners in answering one of the most important questions faced in the handling of insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Thoroughly revised and updated throughout to include the Insurance Act 2015, several landmark cases and potential impacts of the Covid-19 pandemic, the second edition also features an introduction re-written to clarify elementary and central questions of causation in insurance law and tort. Additionally, it also provides three brand new chapters on Factual Causation and Legal Causation, Causation and Interpretation, and Causation and Measure of Losses to provide a deeper and more thorough analysis, comparing academic approaches and juridical approaches to addressing causation issues in insurance claims. This book is an invaluable and unique guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.

Law of Contract in New Zealand

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Publisher :
ISBN 13 : 9781927149546
Total Pages : 960 pages
Book Rating : 4.1/5 (495 download)

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Book Synopsis Law of Contract in New Zealand by : John Frederick Burrows

Download or read book Law of Contract in New Zealand written by John Frederick Burrows and published by . This book was released on 2012 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of Burrows, Finn and Todd's Law of Contract provides definitive coverage of the law of contract in New Zealand. The clarity and the comprehensive nature of the discussion make this book the first point of reference for the legal practitioner, the law student, and all who are interested in this core field of law. This latest edition maintains and builds upon the exemplary standards set by its predecessors. The fourth edition includes many new and significant cases. Examples include: Nielsen v Dysart Timbers Ltd (2009) (lapse and termination of offers); Vector Gas Ltd v Bay of Plenty Energy Ltd (2010) and Wholesale Distributors Ltd v Gibbons Holdings Ltd (2008) (use of prior negotiations and subsequent conduct in the interpretation of contracts); Attorney-General of Belize v Belize Telecom Ltd (2009) (implication of terms); Tercon Contractors Ltd v British Columbia (2010) (exclusion of liability); Laidlaw v Parsonage (2010) (privity of contract); Sunset Terraces (2011) (privity and third party claims in negligence); Gustav and Co Ltd v Macfield Ltd (2008) (unconscionable bargains); S B Properties Ltd v Holdgate (2011) (assignment of the burden of a contract); Ingram and Knee v Patcroft Properties Ltd (2011) and Mana Property Trustees Ltd v James Development Ltd (2010) (cancellation of contracts); Golden Strait Corporation v Nippon Yusen Kubishika Kaisa (2007) (damages); and Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) (2009) (remoteness of damage). New legislation also has been enacted. In particular, chapter 8 has been substantially revised in the light of the requirements of the Property Law Act 2007; and the discussion of limitation of actions in chapter 21 now includes the provisions of the Limitation Act 2010. All of the chapters have been revised and updated to take account of these and other developments. Examples where there have been recent and helpful decisions include the discussions of certainty of contract, of conditional contracts after Steele v Serepisos, of misrepresentation and the Fair Trading Act, and of undue influence in the light of Royal Bank of Scotland v Etridge.

The Law of Insurance

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Publisher :
ISBN 13 :
Total Pages : 658 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The Law of Insurance by : Raoul P. Colinvaux

Download or read book The Law of Insurance written by Raoul P. Colinvaux and published by . This book was released on 1984 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Company Law in New Zealand

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Publisher :
ISBN 13 : 9781927313541
Total Pages : 947 pages
Book Rating : 4.3/5 (135 download)

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Book Synopsis Company Law in New Zealand by : Peter George Watts

Download or read book Company Law in New Zealand written by Peter George Watts and published by . This book was released on 2016 with total page 947 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Company Law in New Zealand provides a comprehensive discussion and analysis of the principles of company law in NZ. The work covers all aspects of the law relating to companies from the fundamentals of company law and operation [of] the company's business through to formal insolvency"--

Criminal Justice in New Zealand

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Publisher :
ISBN 13 : 9780408718844
Total Pages : 454 pages
Book Rating : 4.7/5 (188 download)

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Book Synopsis Criminal Justice in New Zealand by : Julia Tolmie

Download or read book Criminal Justice in New Zealand written by Julia Tolmie and published by . This book was released on 2007 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Illegality in Marine Insurance Law

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Publisher : Taylor & Francis
ISBN 13 : 1317222881
Total Pages : 208 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Illegality in Marine Insurance Law by : Feng Wang

Download or read book Illegality in Marine Insurance Law written by Feng Wang and published by Taylor & Francis. This book was released on 2016-09-13 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law of Insurance Warranties

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Publisher : Taylor & Francis
ISBN 13 : 100039851X
Total Pages : 342 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Law of Insurance Warranties by : Alastair Owen

Download or read book The Law of Insurance Warranties written by Alastair Owen and published by Taylor & Francis. This book was released on 2021-06-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Doing Business 2020

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Publisher : World Bank Publications
ISBN 13 : 1464814414
Total Pages : 254 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Doing Business 2020 by : World Bank

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

Chinese Insurance Contracts

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Publisher : Taylor & Francis
ISBN 13 : 1317802543
Total Pages : 992 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Chinese Insurance Contracts by : Zhen Jing

Download or read book Chinese Insurance Contracts written by Zhen Jing and published by Taylor & Francis. This book was released on 2016-11-25 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Australian Annual Digest

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Author :
Publisher :
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Australian Annual Digest by :

Download or read book Australian Annual Digest written by and published by . This book was released on 1901 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: