Policyholders Reasonable Expectations
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Author | : Yong Qiang Han |
Publisher | : Bloomsbury Publishing |
Total Pages | : 277 |
Release | : 2016-11-03 |
Genre | : Law |
ISBN | : 1509900756 |
Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law 'doctrine' of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder's reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.
Author | : Jeffrey W. Stempel |
Publisher | : Wolters Kluwer |
Total Pages | : 3276 |
Release | : 2005-12-30 |
Genre | : Law |
ISBN | : 0735554366 |
Author | : Robert E. Keeton |
Publisher | : |
Total Pages | : 440 |
Release | : 1971 |
Genre | : Insurance law |
ISBN | : |
Author | : Philip Booth |
Publisher | : CRC Press |
Total Pages | : 840 |
Release | : 2020-12-16 |
Genre | : Business & Economics |
ISBN | : 1420057308 |
In the years since the publication of the best-selling first edition, the incorporation of ideas and theories from the rapidly growing field of financial economics has precipitated considerable development of thinking in the actuarial profession. Modern Actuarial Theory and Practice, Second Edition integrates those changes and presents an up-to-date, comprehensive overview of UK and international actuarial theory, practice and modeling. It describes all of the traditional areas of actuarial activity, but in a manner that highlights the fundamental principles of actuarial theory and practice as well as their economic, financial, and statistical foundations.
Author | : Arjen van der Heide |
Publisher | : Policy Press |
Total Pages | : 208 |
Release | : 2023-04 |
Genre | : Life insurance |
ISBN | : 1529221358 |
Insurance is an important - if still poorly understood - mechanism for dealing with a broad variety of risks associated with modern life. This book conducts an in-depth examination of one of the largest and longest-established private insurance industries in Europe: British life insurance. In doing so, it draws on over 40 oral history interviews to trace how the sector has changed since the 1970s, a period characterized by rampant financialization and neoliberalization. Combining insights from science and technology studies and economic sociology, this is an unprecedented study of the evolution of insurance practices and an invaluable contribution to our understanding of financial capitalism.
Author | : Rob Merkin KC |
Publisher | : Bloomsbury Publishing |
Total Pages | : 611 |
Release | : 2022-09-22 |
Genre | : Law |
ISBN | : 1509962050 |
The 4th edition of this leading introductory text – now under the sole authorship of Rob Merkin KC – 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.
Author | : Jeffrey W. Stempel |
Publisher | : Wolters Kluwer |
Total Pages | : 3864 |
Release | : 2015-12-15 |
Genre | : Law |
ISBN | : 1454857587 |
Unlike most other books in the field, which slant toward either policyholder or insurer counsel, Stempel and Knutsen on Insurance Coverage takes an even-handed nonexcess and umbrella aking it useful to attorneys from all sides. Moreover, it's designed for practitioners from all professional backgrounds and insurance experience. Written in clear, jargon-free language, it covers everything from the basic insurance concepts, principles, and structure of insurance policies to today's most complex issues and disputes. The authors, Jeffrey W. Stempel and Erik S. Knutsen, are well-known authorities on the law of insurance coverage, and this new Fourth Edition of Stempel and Knutsen on Insurance Coverage is completely up-to-date on every aspect of its subject. This one-stop resource provides both a sound historical, theoretical and doctrinal grounding in insurance, as well being practice-oriented and packed with practical guidance. After providing information about insurance policies and issues in general, it focuses on specific types of policies and coverage such as property coverage, liability coverage, automobile coverage, excess and umbrella coverage, and reinsurance, plus such vital areas as employment, defective construction, and terrorism claims...Dandamp;O liability...ERISA...bad faith litigation...and much more. Plus, you'll find extensive examination of the commercial general liability (CGL) policy, the type of insurance involved in most major coverage cases. Among the most important CGL issues covered in Stempel and Knutsen on Insurance Coverage are: Pollution-related coverage Trigger of coverage Apportionment of insurer and policyholder responsibility Business risk exclusions Coverage under the andquot;personal injuryandquot; section of the CGL Coverage under andquot;advertising injuryandquot; Nowhere else will you find so much valuable current information, in-depth analysis, sharp insight, authoritative commentary, significant case law, and practical guidance on this critically important area. With its clear explanations and thorough, even-handed coverage, Stempel and Knutsen on Insurance Coverage is unlike any other resource in its field.
Author | : Simon Archer |
Publisher | : John Wiley & Sons |
Total Pages | : 229 |
Release | : 2011-12-30 |
Genre | : Business & Economics |
ISBN | : 1118179056 |
Authors Rifaat, Archer and Volker bring an international perspective to the growing Islamic Insurance industry. Drawing on contributions from leading experts around the world, they present a comprehensive view of the very issues governing the industry and its future direction. As top financial institutes around the world seem to enter the lucrative Takaful markets, this timely book offers crucial background information and advice, invaluable for any serious player in the market.
Author | : Great Britain: Parliament: House of Commons: Treasury Committee |
Publisher | : The Stationery Office |
Total Pages | : 236 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 9780215521019 |
With-profits funds offer long-term investment products and are managed by life insurance companies, both proprietary and mutual. Policyholder premiums are held in a pooled fund that is invested in a range of assets, with a significant proportion in equities and property. Inherited estates are defined by the Financial Services Authority (FSA) as "the part of the with-profits fund over and above what is required to meet the fund's liabilities that the insurer retains as working capital; it will also include any excess surplus in the fund." Firms will often "smooth" out returns to policyholders in order to cushion policyholders from the extremes of fluctuations in the property and equity markets. The with-profits sector has suffered from conflicts of interest on the part of the management of life funds by proprietary companies, leading to concern among some holders of with-profits policies that their interests have not been adequately protected. All stakeholders in with-profits funds deserve a framework which provides as much simplicity, certainty and clarity as possible. The Committee is not satisfied that the Financial Services Authority (FSA) has done enough to provide a robust framework within which these conflicts of interest can be managed. The use of inherited estate in smoothing returns to policyholders between good and bad years is clearly appropriate, but more should be done by the industry to improve the transparency of their application of smoothing techniques. The Committee also comments on funding of new business, mis-selling compensation costs, shareholder tax, phasing of special distribution payouts, and the resources, remit and visibility of With-profits Committees.
Author | : Eugene R. Anderson |
Publisher | : Wolters Kluwer |
Total Pages | : 2726 |
Release | : 1999-01-01 |
Genre | : Law |
ISBN | : 073551173X |
The absence of persuasive precedents may prevent some attorneys from framing the effective policyholder arguments in insurance coverage litigation. With Insurance Coverage Litigation, Second Edition, youand’ll discover how the experts analyze the facts to win your next insurance coverage case. This unique resource provides comprehensive examination of the full range of issues shaping insurance coverage cases being heard in the courts todayand—including the publicly available, but hard-to-find industry and“loreand” that savvy insurance practitioners use to win complex insurance coverage cases. Whichever side you represent in the billion dollar insurance coverage field, this work contains vital information you canand’t afford to be without when preparing a case for state or federal court. Insurance Coverage Litigation supplies: Extensive analyses of case law on insurance coverage issues arising under general liability insurance policies. Sample CGL Policy Forms. The most in-depth discussion of the drafting history of standard-form general liability insurance policy languageand—including language derived from the insurance industryand’s own representations to the public, governmental agencies, courts and policyholdersand—one of the most powerful tools available to policyholders. Easy-reference tables and state-by-state summaries that help you quickly grasp and compare court interpretations on a broad range of issues including the reasonable expectation doctrine, trigger of coverage and allocation, notice of claim or action, and insurability of punitive damages. Cutting edge analysis and guidance on rapidly evolving areas such as environmental liability, intellectual property disputes, and“cyberand” losses and liability, terrorism coverage, and more.