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The Law Of Insurance Warranties
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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 Routledge. This book was released on 2021 with total page 276 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"--
Book Synopsis Warranties In Marine Insurance by : Baris Soyer
Download or read book Warranties In Marine Insurance written by Baris Soyer and published by Cavendish Publishing. This book was released on 2001-09-07 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Warranties in Marine Insurance by : Baris Soyer
Download or read book Warranties in Marine Insurance written by Baris Soyer and published by Taylor & Francis. This book was released on 2016-10-14 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reforming Marine and Commercial Insurance Law by : Baris Soyer
Download or read book Reforming Marine and Commercial Insurance Law written by Baris Soyer and published by Taylor & Francis. This book was released on 2020-10-28 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.
Book Synopsis A Businessperson's Guide to Federal Warranty Law by :
Download or read book A Businessperson's Guide to Federal Warranty Law written by and published by . This book was released on 1987 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Book Synopsis Marine Insurance at the Turn of the Millennium by : Marc Huybrechts
Download or read book Marine Insurance at the Turn of the Millennium written by Marc Huybrechts and published by Intersentia nv. This book was released on 2000-09-26 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both volumes present an in depth analysis of actual marine insurance relative to hull insurance, cargo insurance and P&I insurance. The impact of European law on marine insurance and, more specifically, European Competition Rules in relation to P&I insurance are covered. In addition, specific issues such as the future Belgian Marine Insurance statute and the Antwerp Marine Policy are dealt with. The subjects are covered in a broad comparative law perspective, combining practice and theory. Also topics such as the ISM code and its relation to marine insurance and the position of classification societies and quality insurance are considered.
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 A Practical Guide to the Insurance Act 2015 by : David Kendall
Download or read book A Practical Guide to the Insurance Act 2015 written by David Kendall and published by Informa Law from Routledge. This book was released on 2019-12-12 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Review of the Marine Insurance Act 1909 by : Australia. Law Reform Commission
Download or read book Review of the Marine Insurance Act 1909 written by Australia. Law Reform Commission and published by . This book was released on 2001 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law and Practice of Marine Insurance in Canada by : George R. Strathy
Download or read book The Law and Practice of Marine Insurance in Canada written by George R. Strathy and published by Markham, Ont. : LexisNexis Butterworths. This book was released on 2003 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles of Insurance Law with Case Studies by : Shanmuganathan
Download or read book Principles of Insurance Law with Case Studies written by Shanmuganathan and published by Partridge Publishing Singapore. This book was released on 2020-02-18 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insurance Law with Case Studies introduces the basics of insurance law and offers a comprehensive overview of the principles of insurance law. Written by a senior insurance professional, it provides valuable insight into key areas with case illustrations providing clarity throughout the book. The publication provides a thorough analysis of insurance principles and case laws. It includes issues confronting insurance lawyers and the insurance industry and analyses the positions of the courts in various jurisdictions. The chapters cover a wide range of topics which include: • The formation of the insurance contract. • Construction of the proposal form and the rules of evidence. • Acceptance of the proposal and premiums. • Cover notes and the certificate of insurance. • Insurable interests, risks and warranties. • Types of policies. • Interpretation of contracts of insurance. • The principle of good faith and the duty of disclosure. • Fraudulent misrepresentation and reliance. • Agents and inducement. • Standard of proof and pleadings.
Book Synopsis Marine Insurance Law by : Ozlem Gurses
Download or read book Marine Insurance Law written by Ozlem Gurses and published by Routledge. This book was released on 2015-03-02 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expertly introduces and clearly explains all topics covered in marine insurance law courses at undergraduate and postgraduate levels, offering students and those new to the area a comprehensive and accessible overview of this important topic in commercial law. Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs. This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law
Book Synopsis Marine Cargo Insurance by : John Dunt
Download or read book Marine Cargo Insurance written by John Dunt and published by CRC Press. This book was released on 2015-11-19 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Warranties and Indemnities on Share Sales by : Neil Sinclair
Download or read book Warranties and Indemnities on Share Sales written by Neil Sinclair and published by . This book was released on 1989 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of the need for and the implications of warranties and indemnities in agreements for the purchase of a group of companies. View points of the vendor, warrantor and purchaser are explored and it suggests ways in which warranties and indemnities can be modified for their protection.
Book Synopsis MacGillivray on Insurance Law by : Evan James MacGillivray
Download or read book MacGillivray on Insurance Law written by Evan James MacGillivray and published by . This book was released on 1997 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with all insurance risks other then marine, this text contains sections on insurable interest, non-disclosure, reinsurance, conflict of laws and policy terms. It also includes the Unfair Terms in Consumer Contract Regulations 1994 and the Rome Convention on Conflict of Laws.