Transparency in Insurance Contract Law

Transparency in Insurance Contract Law
Author: Pierpaolo Marano
Publisher: Springer Nature
Total Pages: 714
Release: 2020-03-11
Genre: Law
ISBN: 3030311988

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.

Chinese Insurance Contracts

Chinese Insurance Contracts
Author: Zhen Jing
Publisher: Taylor & Francis
Total Pages: 992
Release: 2016-11-25
Genre: Law
ISBN: 1317802543

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.

Insurance Law

Insurance Law
Author: Denis W. Boivin
Publisher: Essentials of Canadian Law
Total Pages: 665
Release: 2015
Genre: Law
ISBN: 9781552213889

Insurance is everywhere in Canadian society: health, employment, transportation, commerce, industry, and communications are all sectors of activity affected by insurance. Whether public or private, compulsory or voluntary, insurance touches everyone on a daily basis. Where there are risks, there is a need for insurance -- and one cannot live in the twenty-first century without encountering risk day in and day out. The ubiquity of insurance comes at a cost. This price is paid by all Canadians and not only by those who hold insurance policies. Every year, Canadian policyholders pay billions of dollars in premiums to private insurance companies. Regulation is another consequence of the prevalence of insurance. Canadian insurance law is a complex mixture of federal and provincial legislation, common law, and custom. This book offers a detailed survey of this regulatory patchwork, divided into three parts. Part 1 provides an introduction to the creation and enforcement of insurance contracts. The subject of Part 2 is the creation of an enforceable insurance contract. Part 3 examines the principles applicable to the enforcement of insurance contracts.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Insurance Law

Insurance Law
Author: S. Fredericq
Publisher: Springer
Total Pages: 0
Release: 1996-03-01
Genre: Science
ISBN: 9789065449405

Insurance Law and Policy

Insurance Law and Policy
Author: Tom Baker
Publisher: Aspen Publishers
Total Pages: 0
Release: 2013
Genre: Insurance law
ISBN: 9781454825074

Tom Baker, a highly regarded teacher and scholar on the faculty of both Penn Law and Wharton demonstrates the big picture in insurance law and policy, exploring federal-state regulatory roles in depth as well as the traditional topics covered in the casebooks. Insurance Law and Policy: Cases and Materials uses more statutory material than any other casebook, with statutes typically presented through problems. Manageable assignments contain one major case followed by informative notes, questions and a problem. Here is a text that appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course. The Third Edition welcomes new co-author Kyle Logue, who, along with Tom Baker, is a Reporter for the new ALI Principles of Liability Insurance Project. A new and improved ERISA unit incorporates recent Supreme Court decisions. Relevant new material from the Affordable Care Act informs the discussion of health insurance. The Third Edition makes extensive use of the ALI Principles of Liability Insurance Project, with black letter rules presented through problems. Judicious pruning of notes, problems, and cases to allows room for recent developments in case law and insurance regulation. Features: stellar authorship in Tom Baker highly regarded teacher and scholar on the faculty of both Penn Law and Wharton focus on the big picture--federal-state regulatory roles and traditional insurance topics more statutory materials than other casebooks, typically presented through problems structured to contain one major case followed by informative notes, questions and a problem appeals to Insurance teachers as well as teachers of Torts and Contracts considering a new course introductory essay for new Insurance Law teachers case briefs and suggestions for how to teach cases descriptions of the commercial backgrounds of selected cases simple diagrams that explain complex issues Thoroughly updated, the revised Third Edition presents: new co-author Kyle Logue, Reporter for the new ALI Principles of Liability Insurance Project a new and improved ERISA unit, incorporating recent Supreme Court decisions relevant materials from the Affordable Care Act in the health insurance material extensive use of the ALI Principles of Liability Insurance Project, with black letter rules presented through problems judicious editing of notes, problems, and cases to spotlight recent developments in case law and insurance regulation