Principles of Insurance Law

Principles of Insurance Law
Author: Jeffrew Stemple
Publisher:
Total Pages: 1392
Release: 2012
Genre: Insurance law
ISBN: 9781422472613

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.

Principles of Insurance Law with Case Studies

Principles of Insurance Law with Case Studies
Author: Shanmuganathan
Publisher: Partridge Publishing Singapore
Total Pages: 376
Release: 2020-02-18
Genre: Business & Economics
ISBN: 1543752381

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.

Insurance Law

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

Insurance Law

Insurance Law
Author: Robert E. Keeton
Publisher:
Total Pages: 0
Release: 2017
Genre: Insurance law
ISBN: 9780314289179

"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."--

Cyber Risks and Insurance: The Legal Principles

Cyber Risks and Insurance: The Legal Principles
Author: Dean Armstrong KC
Publisher: Bloomsbury Publishing
Total Pages: 182
Release: 2021-07-22
Genre: Law
ISBN: 1526514141

Full of tips, case studies, tables and checklists this new title sets out the parameters of liability in respect of potential and actual cyber insurance claims and examines the significant areas where such claims will have the greatest impact. Covering First and Third party insurance, it provides the answers to questions such as: What is the extent to which a data breach can be protected or mitigated against by having suitable insurance in place? How does having insurance interplay with obligations under the GDPR? To what extent can insurance be used to safeguard driverless cars, drones and other AI-machines? How can insurance companies assist when hackers hold companies to ransom after stealing data? How can insurance assist with smart contracts on the blockchain and for potential coding errors? How can insurance mitigate against the hacking of online systems of manned ships?

Insurable Interest and the Law

Insurable Interest and the Law
Author: Franziska Arnold-Dwyer
Publisher: Routledge
Total Pages: 274
Release: 2020-04-28
Genre: Business & Economics
ISBN: 0429664125

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.

Case Studies in Biomedical Ethics

Case Studies in Biomedical Ethics
Author: Robert M. Veatch
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2015
Genre: Bioethics
ISBN: 9780199946563

The most comprehensive and up-to-date collection of its kind, Case Studies in Biomedical Ethics: Decision-Making, Principles, and Cases, Second Edition, explores fundamental ethical questions arising from real situations faced by health professionals, patients, and others. Featuring a wide range of more than 100 case studies drawn from current events, court cases, and physicians' experiences, the book is divided into three parts. Part 1 presents a basic framework for ethical decision-making in healthcare, while Part 2 explains the relevant ethical principles: beneficence and nonmaleficence, justice, respect for autonomy, veracity, fidelity, and avoidance of killing. Parts 1 and 2 provide students with the background to analyze the ethical dilemmas presented in Part 3, which features cases on a broad spectrum of issues including abortion, mental health, experimentation on humans, the right to refuse treatment, and much more. The volume is enhanced by opening text boxes in each chapter that cross-reference relevant cases in other chapters, an appendix of important ethical codes, and a glossary of key terms.

Insurance Claims in New Zealand

Insurance Claims in New Zealand
Author: PAUL;BOYS MICHALIK (CHRIS.)
Publisher:
Total Pages: 0
Release: 2023
Genre: Contracts
ISBN: 9781988598208

"Insurance claims are the reason for the existence of the insurance industry. In this comprehensive work, authors Paul Michalik and Chris Boys put claims at the heart of their analysis of insurance law in New Zealand. Insurance Claims in New Zealand is a rigorous and complete presentation of the law relating to how insurance claims are made and assessed in New Zealand. The authors examine issues arising at every level in the process -- from determining the validity of the policy and resolving issues of coverage and exclusion, to assessing the quantum of the loss or damage to be paid. Since 2015, when the first edition was published, there have been a number of developments in Insurance law: the concept of post claim good faith has developed; a number of outstanding unresolved issues have received judicial attention, including the assignment of claims rights, and the fraudulent claims rule; the issue of insurers' liability for defective repairs has been resolved; the Earthquake Commission/Toka Tū Ake's empowering legislation has been substantially overhauled; the Canterbury Earthquake Insurance Tribunal was established; and the Government has begun the work of meaningful insurance law reform"--Publisher information.

Insurance Distribution Directive

Insurance Distribution Directive
Author: Pierpaolo Marano
Publisher: Springer Nature
Total Pages: 439
Release: 2021
Genre: Bank marketing
ISBN: 3030527387

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--