Download or read book Insurance Law and the Financial Ombudsman Service written by Judith Summer and published by Taylor & Francis. This book was released on 2013-05-02 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance Law and the Financial Ombudsman Service is an in depth look at the workings and insurance decisions of the Financial Ombudsman Service. The book analyses how the Ombudsman Service decides insurance cases and compares its approach to that of a court. This book sets out the rules, procedure and approach of the Ombudsman Service, succinctly summarises the relevant insurance law and compares and analyses it against a comprehensive review of material about insurance complaints gathered since the formation of the Ombudsman Service in 2001.
Download or read book Insurance Law and the Financial Ombudsman Service written by Judith Summer and published by Taylor & Francis. This book was released on 2013-05-02 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insurance Law and the Financial Ombudsman Service is an in depth look at the workings and insurance decisions of the Financial Ombudsman Service. The book analyses how the Ombudsman Service decides insurance cases and compares its approach to that of a court. This book sets out the rules, procedure and approach of the Ombudsman Service, succinctly summarises the relevant insurance law and compares and analyses it against a comprehensive review of material about insurance complaints gathered since the formation of the Ombudsman Service in 2001.
Download or read book Consumer Insurance Law written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2009 with total page 204 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 Consumer Protection in Financial Services written by Southern Methodist University. Institute of International Banking and Finance and published by Kluwer Law International B.V.. This book was released on 1999-05-06 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of how financial services should be regulated in the interests of consumers has never been more topical. The structure of the financial services industry is changing rapidly and the need for the law to keep pace with these changes has never been greater. This book examines the role of the law in the protection of the consumer, in particular the ways in which the law is, and could be, used to protect consumers when purchasing financial services. A prominent panel of contributors first examines the role of the European Union and the ombudsmen schemes operating in the United Kingdom in improving consumer protection. Eight expert papers present a detailed analysis of aspects of the various legal mechanisms protecting consumers in the banking, financial services, investments and insurance industries. The final part of the book is concerned with the important and controversial area of consumer credit. This unique work is a welcome contribution to a rapidly developing area of law, which has so far received little attention from commentators. It will be of great interest to those at the cutting edge of banking, financial services and consumer law, whether practicing lawyers or in-house counsel, and all those involved in advising consumers.
Download or read book Insurance Disputes written by Robert Merkin and published by Taylor & Francis. This book was released on 2020-11-25 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an impressive team of specialist contributors, Insurance Dispute is the authoritative guide to litigation for both the insurer and the insured. Divided into two parts – principles of law and their practical use in individual types of insurance, it aims to identify and resolve questions such as: • How should the claimant handle a dispute? • Is the claim within the cover? • When should an insurer dispute cover? • What steps can an insurer take to deny cover? Updated and revised to include new chapters on marine insurance, the Financial Ombudsman Service and ATE insurance, Insurance Disputes is essential reading for anyone involved in insurance law and litigation.
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.
Download or read book Life Assurance Contracts written by Andrew McGee and published by Routledge. This book was released on 2016-04-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Life assurance continues to be a topic of great practical significance, given the popularity of endowment mortgages and pensions, which contain an element of insurance, as well as the need for families to protect against the loss of their breadwinners. Since the first edition of this book in 1995 much has changed, with a fundamentally new regulatory structure under the Financial Services and Markets Act 2000, changes in divorce and bankruptcy law, as well as continued developments in areas such as insurable interest and utmost good faith. All these developments are covered in this new edition, which at the same time retains the extensive coverage of the well-established principles of this area of law. Areas dealt with include insurable interest, disclosure, cancellation, intermediaries, marketing, assignment, surrender and pension policies. This new edition has been comprehensively revised and updated to take account of changes since the last edition was published.
Download or read book A new approach to financial regulation written by Great BritainH.M. Treasury and published by The Stationery Office. This book was released on 2011-06-16 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This white paper and draft Bill present more detailed proposals for financial regulation reform following on from the consultation paper 'A new approach to financial regulation: judgment, focus and stability' (July 2010, Cm. 7874, ISBN 9780101787420); 'A new approach to financial regulation: building a stronger system' (May 2011, Cm. 8012, ISBN 9780101801225) and continuing policy development by the Treasury, Bank of England and Financial Services Authority. Responsibility for financial stability will rest within the Bank of England, in a new macroprudential body, the Financial Policy Committee, and a new micro-prudential supervisor, the Prudential Regulation Authority. Responsibility for conduct of business will sit with the new Financial Conduct Authority, with the mandate and tools to be a proactive force for enabling the right outcomes for consumers and market participants, including through the promotion of competition. Final responsibility for the overall regulatory framework, and the protection of the public finances remains with the Treasury, and the Chancellor of the Exchequer. An Independent Commission on Banking has also been established to consider what steps should be taken to deal with systemically important banks, alongside the question of whether and how competition in the banking sector should be improved. The Commission proposes: that the most systemically important banks hold additional capital to the Basel III minimum, to make them better at absorbing losses and less likely to fail; 'bail-in' instead of bail-out - so that private investors, not taxpayers, bear the losses if things do go wrong; and putting a ring-fence around high street banking to make it safer and to make it easier to allow a bank to fail without disrupting crucial banking services.
Download or read book The New Netherlands Financial Services Complaints Tribunal KiFiD written by M. L. Hendrikse and published by Uitgeverij Paris. This book was released on 2007 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Mis Selling Financial Services written by Jonathan Kirk and published by Edward Elgar Publishing. This book was released on 2019 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work offers a clear and concise analysis of the law relating to the mis-selling of regulated financial services products. The introductory chapters cover the history of mis-selling, from their origins at common law to the modern regulated environment. It also addresses important practical points for those pleading and defending financial mis-selling claims, focussing on the various causes of action and limitation periods. It provides an overview of the UK and European regulatory framework governing the sale of financial products and considers in detail five key product types: credit, mortgages, interest rate hedging products, insurance, and collective investment schemes. Each chapter looks at the sector-specific issues and the various mis-selling ‘scandals’ of the last decade and the case-law that emerged from them.
Download or read book Lowry Rawlings and Merkin s Insurance Law written by Rob Merkin QC and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 4th edition of this leading introductory text – now under the sole authorship of Rob Merkin QC – provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed primarily for undergraduate and postgraduate students, but is also a useful resource for those in the insurance industry studying for professional examinations and legal practitioners who need a concise guide to the legal principles. The text is enhanced by extensive citations to case law and academic commentaries; and a new companion website delivers annual case law updates. This new edition has been substantially rewritten in light of the transformation of insurance law in recent years. The text has been revised to include new legislation and coverage of the effects of Brexit. However, the approach and - where possible - the analysis of John Lowry and Philip Rawlings have been retained. The first part of the book considers the regulation of insurance business and the general principles underlying the law of insurance contracts. The second part examines the way those principles are shaped by the context in which they operate. A new chapter with case studies on COVID-19, earthquakes, and mesothelioma applies the principles to the problems and uncertainties for insurance law revealed by catastrophic losses. This authoritative text offers a sound grasp of the current realities of insurance practice.
Download or read book Property Insurance Law and Claims written by Malcolm Hyde and published by . This book was released on 2010 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book A new approach to financial regulation written by Great Britain. Treasury and published by The Stationery Office. This book was released on 2011-02-17 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document presents more detailed proposals for financial regulation following on from the consultation paper "A new approach to financial regulation: judgment, focus and stability" (July 2010, Cm. 7874, ISBN 9780101787420) and continuing policy development by the Treasury, Bank of England and Financial Services Authority. The Government's reforms focus on three key institutional changes. First, a new Financial Policy Committee (FPC) will be established in the Bank of England, with responsibility for 'macro-prudential' regulation, or regulation of stability and resilience of the financial system as a whole. Second, 'micro-prudential' (firm-specific) regulation of financial institutions that manage significant risks on their balance sheets will be carried out by an operationally independent subsidiary of the Bank of England, the Prudential Regulation Authority (PRA). Thirdly, responsibility for conduct of business regulation will be transferred to a new specialist regulator, the Financial Conduct Authority (FCA). Individual chapters cover: Bank of England and Financial Policy Committee; Prudential Regulation Authority; Financial Conduct Authority; regulatory process and co-ordination; compensation, dispute resolution and financial education; European and international issues; next steps; how to respond; impact assessment. The chapters contain significant detail on how the legislative framework will be constructed in order to deliver the Governments' priorities for the framework. The Government will consult on these proposals with a view to publishing a draft bill in spring 2011.
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 2023-12-11 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.
Download or read book The Ombudsman Good Governance and the International Human Rights System written by Linda C. Reif and published by Springer. This book was released on 2013-12-19 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
