Insurance And The Law Of Obligations PDF Download
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Author | : Robert M. Merkin |
Publisher | : |
Total Pages | : 457 |
Release | : 2013-08-29 |
Genre | : Law |
ISBN | : 0199645744 |
Download Insurance and the Law of Obligations Book in PDF, ePub and Kindle
The insurance industry has a significant impact on the operation of private law, yet remains poorly understood and under-theorized in the legal literature. Filling an important gap, this book analyses the interaction of insurance law and the general law of obligations, in theory and practice.
Author | : Robert M. Merkin |
Publisher | : |
Total Pages | : |
Release | : 2013 |
Genre | : Insurance law |
ISBN | : 9780191747823 |
Download Insurance and the Law of Obligations Book in PDF, ePub and Kindle
Author | : Pierpaolo Marano |
Publisher | : Springer Nature |
Total Pages | : 714 |
Release | : 2020-03-11 |
Genre | : Law |
ISBN | : 3030311988 |
Download Transparency in Insurance Contract Law Book in PDF, ePub and Kindle
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.
Author | : Robert H. Jerry, II |
Publisher | : Edward Elgar Publishing |
Total Pages | : 177 |
Release | : 2023-03-02 |
Genre | : Law |
ISBN | : 1800884222 |
Download Advanced Introduction to Insurance Law Book in PDF, ePub and Kindle
Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial doctrines. It examines the ways in which the industry’s origins help us understand the present, and how insurance connects to major public policy issues that will shape the world for future generations.
Author | : Robert H. Jerry |
Publisher | : |
Total Pages | : 784 |
Release | : 1987 |
Genre | : Insurance law |
ISBN | : |
Download Understanding Insurance Law Book in PDF, ePub and Kindle
Author | : John F. Dobbyn |
Publisher | : West Academic Publishing |
Total Pages | : 548 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Download Insurance Law in a Nutshell Book in PDF, ePub and Kindle
Reliable source on the fundamentals of insurance law covers topics such as insurable interest, risk, insurer defenses, waiver and estoppel, recovery, subrogation, reinsurance, and bonds. In addition, expert analysis provides a sense of the peculiar directions insurance law would take, and their erroneous outcomes, if the pure principles of contract law were applied.
Author | : Rob Merkin |
Publisher | : OUP Oxford |
Total Pages | : 457 |
Release | : 2013-08-29 |
Genre | : Law |
ISBN | : 0191507911 |
Download Insurance and the Law of Obligations Book in PDF, ePub and Kindle
It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
Author | : Malcolm Alistair Clarke |
Publisher | : Lloyd's of London Press Limited |
Total Pages | : 776 |
Release | : 1989 |
Genre | : Contracts |
ISBN | : |
Download The Law of Insurance Contracts Book in PDF, ePub and Kindle
"Widely regarded as the premier source to insurance contract law, it provides an exhaustive guide with detailed notes you can cite in court in a highly readable, fuss-free manner."
Author | : Malcolm Alistair Clarke |
Publisher | : |
Total Pages | : 1258 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
Download The Law of Insurance Contracts Book in PDF, ePub and Kindle
This guide to the law of insurance contracts is now presented in looseleaf format, aiming to make it easy to find answers to contract problems and to allow the information to be continuously updated as the law changes. The depth and range analyzes all aspects of insurance contracts and presents detailed content but with a practical structure making it easy to read and making solutions easy to find.
Author | : Robert E. Keeton |
Publisher | : West Academic Publishing |
Total Pages | : 1420 |
Release | : 1988 |
Genre | : Insurance law |
ISBN | : |
Download Insurance Law Book in PDF, ePub and Kindle
This treatise explains how certain principles or doctrines such as insurable interests, designation of insurers, and risk transference apply to property, life, liability, or other types of insurance. It also addresses insurance law issues and suggests lines of analysis to consider in order to better evaluate the merits of a claim. Other subjects include conceptualization, classification, marketing, indemnity, insurability, claim processes, and settlements. Also overviews insurance regulation, government sponsorship of insurance, and resolving disputed claims.