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 317 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 Insurable Interest and the Law written by Franziska Arnold-Dwyer and published by Routledge. This book was released on 2020-04-28 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest – a combination of statutes and case law – has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine – the policy against wagering, the prevention of moral hazard and the doctrine’s relationship with the indemnity principle – still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law.
Download or read book Australian Current Law written by and published by . This book was released on 2000 with total page 1334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Debrett s Handbook of Australia and New Zealand written by and published by . This book was released on 1984 with total page 1274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance Law Cases and Materials written by John Lowry and published by Bloomsbury Publishing. This book was released on 2004-07-19 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended as a complement to the authors' Insurance Law: Doctrines and Principles,following its general pattern but integrating the jurisprudence from other common law jurisdictions, particularly the USA, as a means of demonstrating how problems which have long confronted the English courts frequently receive different legislative/judicial responses elsewhere. Although the emphasis of the book lies with the case law spanning some two centuries, the authors introduce each section with a brief narrative designed to focus the reader's attention as he or she works through the cases. A critical approach is adopted and emphasis is given to major journal articles and to the current UK and EU reform agenda. Readership: undergraduates, external students taking the London LL.M Insurance Law course, CII candidates and those who lack access to a law library.
Download or read book Financial Services Law and Compliance in Australia written by Gail Pearson and published by Cambridge University Press. This book was released on 2009-03-30 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Up until the global credit crisis in 2008, 'Financial Services' was the fastest growing sector of the Australian economy. This growth has had profound implications for individuals, corporations and government. Following extensive review in the last part of the twentieth century, Australia put in place an overarching system for regulating all financial services, replacing a system that was based on separate regulation of products in individual industries. Focusing on the implications of the new system for retail clients - 'financial citizens' - Financial Services Law and Compliance in Australia provides a comprehensive account of the regulatory structure and a detailed analysis of the legislative framework, including discussion of the new regulatory bodies, the new licensing requirements for those wishing to enter the financial services market and the new obligations for those marketing or offering financial services to the public. This is an essential resource for those working in, and advising on, financial services, for students of financial services law, and for anyone needing to understand this new regime in Australia.
Download or read book Australian Business Law 2012 written by Paul Latimer and published by CCH Australia Limited. This book was released on 2012 with total page 1297 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Principle of Indemnity in Marine Insurance Contracts written by Kyriaki Noussia and published by Springer Science & Business Media. This book was released on 2007-08-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.
Download or read book Insurance Law in Australia written by Kenneth Sutton and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sutton on Insurance Law written by Ian Enright and published by . This book was released on 2015 with total page 1122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Law written by Andrew Stewart and published by Cambridge University Press. This book was released on 2019-06-21 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a fresh, topical and accessible account of the Australian law of contract.
Download or read book Australian Commercial Law written by Dilan Thampapillai and published by Cambridge University Press. This book was released on 2020-06-24 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law.
Download or read book Who s who in Australia written by and published by . This book was released on 2007 with total page 2242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance and Human Rights written by Margarida Lima Rego and published by Springer Nature. This book was released on 2022-02-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’). The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.
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.
Download or read book Australian National Bibliography 1992 written by National Library of Australia and published by National Library Australia. This book was released on 1988 with total page 1976 pages. Available in PDF, EPUB and Kindle. Book excerpt:
