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.
Download or read book Consumer Insurance Law written by Great Britain. Law Commission and published by . This book was released on 2009 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This joint report recommends clarification of the law about the information which a consumer should tell an insurer when taking out a policy. It includes draft legislation to replace the current law which is more than 100 years old and was designed for ship owners insuring large vessels rather than today's consumer insurance market. Under that statute, insurers can refuse to pay out if a policyholder failed to disclose any relevant information, even if the consumer answered all questions that were asked honestly and reasonably. The draft Bill appended to the report will clarify a raft of existing rules and guidance employed by insurers, the Financial Services Authority and the Financial Ombudsman Service. Under the recommendations: insurers must ask questions about any matter which they wish to know in order to assess the risk being insured; consumers who take reasonable care to answer insurers' questions fully and accurately can expect to have any subsequent claims paid in full; if a consumer makes a careless mistake when answering a question, he or she might still be entitled to have some of the claim paid. The Commissions' recommendations follow a detailed consultation exercise - started with a discussion paper "Insurance contract law" (2007, LCCP 182/SLCDP 134, ISBN 9780117037823) - which found widespread support for the proposed changes from major insurers, insurance brokers and lawyers as well as consumer groups.
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 361 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
Download or read book Insurance Consumer Protection Act written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Consumer Protection, and Competitiveness and published by . This book was released on 1989 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consumer Insurance Law Disclosure Representations and Basis of the Contract Clauses written by Peter J Tyldesley and published by Bloomsbury Publishing. This book was released on 2013-02-28 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brand new book provides an authoritative working guide to consumer insurance law. It takes the form of a multi-authored handbook explaining the reforms brought about by the Consumer Insurance (Disclosure and Representations) Act 2012 and the impact these reforms will have on consumer insurance law. Contents includes: Consumer insurance - the current law on pre-contractual information; Self-regulation and the failure of previous reform initiatives; The FSA - the impact of rules, guidance and TCF initiatives; The Financial Ombudsman Service - its role and approach and the effect of its decisions; The Law Commissions' reform proposals and the impact of the new Act; Perspectives; Looking forward - what's next on the reform agenda?; Preparing for change; Looking forward - what's next on the reform agenda? Also includes appendices containing the text of the self-regulatory codes, the relevant FSA rules and the new Act.
Download or read book Insurance Contract Law Between Business Law and Consumer Protection written by Helmut Heiss and published by Dike Publishers. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of "Insurance Contract Law between Commercial Law and Consumer Protection" was discussed within the section on commercial law at the XVIIIth International Congress on Comparative Law 2010, which was held in Washington DC. It dealt with the fact that insurance contracts are commercial transactions, as well as consumer contracts. This is confirmed by economic data showing that the premium income derived by insurers from consumer insurance is at least equal to the amount of income generated by selling commercial insurance. The way in which insurance is legally classified appears to depend very much on the legal tradition of the country in question. There does, however, seem to be a tendency in the legal field to follow the gain in economic weight of consumer insurance. Nevertheless, most countries do not yet have a formal consumer insurance law. Rather, policy holders are protected by mandatory insurance contract law, even if they take out insurance for entrepreneurial purposes. "Consumer law" predominantly enters into the area of insurance law in two ways: (1) general consumer contract law is very often also applicable to insurance contracts, and (2) consumer insurance disputes are increasingly being submitted to mechanisms of alternative dispute resolution, such as insurance ombudsmen schemes. Ombudsmen institutions especially appear to be a source of consumer insurance contract law because over time they create a distinct set of case law principles for consumer disputes. These aspects are covered in this book, comprising the General Report, as well as the National Reports, presented at the conference in Washington.
Download or read book A Practical Guide to the Insurance Act 2015 written by David Kendall and published by Taylor & Francis. This book was released on 2017-09-22 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.
Download or read book Insurance Contract Law written by and published by . This book was released on 2014 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consumer Litigation and Insurance Defense written by Willy E. Rice and published by Cognella Academic Publishing. This book was released on 2011-06-14 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumers initiate thousands of defective-trade-and-products lawsuits, yet many are never able to collect damages due to insurers who refuse to pay these damages. "Consumer Litigation and Insurance Defense" is a casebook that fills this need by presenting a comprehensive analysis of state and federal consumer-law and insurance-defense decisions. "Consumer Litigation and Insurance Defense" is a unique text that covers the statutes and corresponding caselaw for three critical and interrelated statutes: - The Uniform Deceptive Trade Practices Act - The NAIC Model Unfair Methods of Competition and Unfair or Deceptive Practices Act - NAIC Model Unfair Claims Settlement Practices Act Dr. Willy E. Rice is a professor of law at St. Mary's University School of Law in San Antonio, Texas. He has multiple degrees: J.D., University of Texas at Austin; post-doctorate degree, Johns Hopkins University; and Ph.D and M.A., University of North Carolina at Chapel Hill. He also has been a professor/scholar at the University of Texas at Austin, the American Bar Foundation in Chicago, and Duke University. Since 1982, he has researched, written about, or taught insurance and consumer-rights laws. He has been an expert for numerous plaintiffs and insurance-defense law firms and has received many excellence awards for his teaching and scholarship.
Download or read book Insurance State s and Consumer s Rights Clarification and Fair Competition Act written by United States. Congress. House. Committee on Commerce. Subcommittee on Commerce, Trade, and Hazardous Materials and published by . This book was released on 1995 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consumer Insurance Disclosure and Representations Bill HL written by Great Britain: Parliament: Special Public Bill Committee and published by The Stationery Office. This book was released on 2011-12 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumer Insurance (Disclosure and Representations) Bill [HL]
Download or read book Insurance Law Reform written by National Consumer Council and published by . This book was released on 1997 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Developments in State Insurance Regulation written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Consumer Protection, and Competitiveness and published by . This book was released on 1988 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Working with State Regulators to Increase Insurance Choices for Consumers written by United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises and published by . This book was released on 2004 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Improving Insurance for Consumers written by United States. Congress. House. Committee on Commerce. Subcommittee on Finance and Hazardous Materials and published by . This book was released on 2000 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Insurance Act 2015 written by Malcolm Clarke and published by Taylor & Francis. This book was released on 2016-11-10 with total page 199 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.
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.
