Law of Insurance Contracts Volume 2 PDF Download
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Author: Malcolm A. Clarke
Publisher:
ISBN: 9781850442066
Category : Indemnity
Languages : en
Pages :
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Book Description
Author: Malcolm A. Clarke
Publisher:
ISBN: 9781850442066
Category : Indemnity
Languages : en
Pages :
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Book Description
Author: Zhen Jing
Publisher: Taylor & Francis
ISBN: 1317802543
Category : Law
Languages : en
Pages : 992
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Book Description
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.
Author: Project Group Restatement of European Insurance Contract Law
Publisher: sellier. european law publ.
ISBN: 3866530692
Category : Insurance law
Languages : en
Pages : 737
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Book Description
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
Author: Daniel Schwarcz
Publisher: Edward Elgar Publishing
ISBN: 1782547142
Category : Law
Languages : en
Pages : 549
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Book Description
The fields of insurance law and insurance economics have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. This Handbook encourages more policy-relevant insurance e
Author: Jeffrew Stemple
Publisher:
ISBN: 9781422472613
Category : Insurance law
Languages : en
Pages : 1392
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Book Description
Over the past two decades, there have been a number of important developments in the areas of liability, property, and life and health insurance that have significantly changed insurance law. Accordingly, the Fourth Edition of Principles of Insurance Law has been substantially rewritten, reformatted, and refocused in order to offer the insurance law student and practitioner a broad perspective of both traditional insurance law concepts and cutting-edge legal issues affecting contemporary insurance law theory and practice. This edition not only expands the scope of topical coverage, but also segments the law of insurance in a manner more amenable to study, as well as facilitating the recombination and reordering of the chapters as desired by individual instructors. The Fourth Edition of Principles of Insurance Law includes new and expanded treatment of important insurance law developments, including: The critical role of insurance binders as temporary forms of insurance as illustrated in the World Trade Center property insurance disputes resulting from the terrorist attacks of September 11, 2001; The continuing debate between "legal formalists" and "legal functionalists" for "the heart and soul" of insurance contract law; What constitutes a policyholder's "reasonable expectation" regarding coverage; The current property and liability insurance "crisis"; Risk management and self-insurance issues; Emerging, and frequently conflicting, case law concerning the intersection of insurance law and federal anti-discrimination regulation; Ongoing interpretive battles over the preemptive scope of ERISA; The United States Supreme Court ruling that a California statute attempting to leverage European insurers into honoring commitments to Holocaust era policies is preempted by the Executive's power over foreign affairs; The State Farm v. Campbell decision, which struck down a $145 million punitive damages award in an insurance bad faith claim as well as setting more restrictive parameters for the recovery of punitive damages; New issues over the dividing line between "tangible" property typically covered under a property insurance policy and "intangible" property, which is typically excluded -- an issue of increasing importance in the digital and cyber age; Refinement of liability insurance law regarding trigger of coverage, duty to defend, reimbursement of defense costs, and apportionment of insurer and policyholder responsibility for liability payments; The difficult-to-harmonize decisions concerning when a loss arises out of the "use" of an automobile; Insurer bad faith and the availability, if any, of actions against a policyholder for "reverse bad faith"; and The degree to which excess insurance and reinsurance may be subject to modified approaches to insurance policy construction. The Teacher's Manual highlights the differences between the Third Edition and the Fourth Edition. In addition, it includes case-brief summaries of the major cases excerpted in the book; authors' analyses of the notes, questions, and problems that follow the principal cases; and offers alternative syllabuses for planning purposes. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author: Peter Macdonald Eggers
Publisher: Informa Law from Routledge
ISBN: 9781032917467
Category : Law
Languages : en
Pages : 0
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Book Description
Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
Author: Franziska Arnold-Dwyer
Publisher: Routledge
ISBN: 0429664125
Category : Business & Economics
Languages : en
Pages : 289
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Book Description
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.
Author: Kenneth S. Abraham
Publisher:
ISBN: 9781609304010
Category : Insurance law
Languages : en
Pages : 0
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Book Description
This casebook, which has been used as the principal text in more than one hundred law schools, contains extensive material on insurance contract formation and interpretation; insurance regulation; insurable interest and liability for bad-faith breach; property, health, life, and disability insurance; commercial general liability and directors & officers liability insurance; auto insurance; and reinsurance. The casebook gives equal emphasis to personal and commercial insurance, and reprints within the relevant chapters four standard-form insurance policies. There is new material on the interpretation of ambiguities, insurance regulation, the Affordable Care Act, directors & officers insurance, and excess coverage.
Author: Robert M. Merkin
Publisher:
ISBN: 9788792009050
Category : Insurance policies
Languages : en
Pages :
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Book Description
Author:
Publisher: Stationery Office/Tso
ISBN: 9780101885232
Category : Law
Languages : en
Pages : 394
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Book Description
This report follows on from the Law Commission's first report in this area: Consumer Insurance Law: Pre-contract Disclosure and Misrepresentation, which resulted in the Consumer Insurance (Disclosure and Representations) Act 2012 ("CIDRA"). It recommends reform of the law in four areas of insurance law: the duty of disclosure in business and other non-consumer insurance; the law of insurance warranties; insurer's remedies for fraudulent claims; and late payment of insurance claims. These reforms would be a default scheme for business insurance, leaving the parties free to agree alternative arrangements in their contracts provided they do so transparently. The majority of the Law Commissions' recommendations were accepted by the Government. The Insurance Bill was introduced in the House of Lords on 17 July 2014.
