Insurance And The Law Of Obligations

Author : Robert M. Merkin
Publisher :
ISBN 13 : 0199645744
Total Pages : 457 pages
Book Rating : 4.49/5 ( download)

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Download or read book Insurance and the Law of Obligations written by Robert M. Merkin and published by . This book was released on 2013-08-29 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
ISBN 13 : 9780191747823
Total Pages : pages
Book Rating : 4.23/5 ( download)

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Download or read book Insurance and the Law of Obligations written by Robert M. Merkin and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Pierpaolo Marano
Publisher : Springer Nature
ISBN 13 : 3030311988
Total Pages : 714 pages
Book Rating : 4.88/5 ( download)

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Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrew Burrows
Publisher : Oxford University Press
ISBN 13 : 0191063274
Total Pages : pages
Book Rating : 4.75/5 ( download)

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Download or read book Principles of the English Law of Obligations written by Andrew Burrows and published by Oxford University Press. This book was released on 2016-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.

Author : Robert H. Jerry, II
Publisher : Edward Elgar Publishing
ISBN 13 : 1800884222
Total Pages : 177 pages
Book Rating : 4.29/5 ( download)

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Download or read book Advanced Introduction to Insurance Law written by Robert H. Jerry, II and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Bradley W. Matthiesen
Publisher : Juris Publishing, Inc.
ISBN 13 : 9781578232413
Total Pages : 0 pages
Book Rating : 4.14/5 ( download)

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Download or read book Fundamentals of Insurance Coverage in All 50 States written by Bradley W. Matthiesen and published by Juris Publishing, Inc.. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each state's coverage laws are examined under the following headings: The contract of insurance; Procedural considerations; Construction and interpretation; Extent of risks and coverage; Rights and obligations of the parties; Insurer's duty of good faith and fair dealing; Policy defenses; Environmental issues and insurance law.

Author : David J. Ibbetson
Publisher : Oxford University Press, USA
ISBN 13 : 9780198764113
Total Pages : 356 pages
Book Rating : 4.11/5 ( download)

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Download or read book A Historical Introduction to the Law of Obligations written by David J. Ibbetson and published by Oxford University Press, USA. This book was released on 2001 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Ibbetson exposes the historical layers beneath the modern rules and principles of contract, tort, and unjust enrichment. Small-scale changes caused by lawyers exploiting procedural advantages in their clients' interest are described & analyzed.

Author : Rob Merkin
Publisher : OUP Oxford
ISBN 13 : 0191507911
Total Pages : 457 pages
Book Rating : 4.15/5 ( download)

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Download or read book Insurance and the Law of Obligations written by Rob Merkin and published by OUP Oxford. This book was released on 2013-08-29 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Robert E. Keeton
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1420 pages
Book Rating : 4.21/5 ( download)

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Download or read book Insurance Law written by Robert E. Keeton and published by West Academic Publishing. This book was released on 1988 with total page 1420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Julian Burling
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807892
Total Pages : 883 pages
Book Rating : 4.90/5 ( download)

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Download or read book Research Handbook on International Insurance Law and Regulation written by Julian Burling and published by Edward Elgar Publishing. This book was released on 2012 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Global insurance and its rapidly evolving law and regulation demands international research. To this aim, the Handbook offers a truly international collection of essays. Highly renowned experts analyze the key topics currently under international discussion and development. While representing a diversity of national jurisdictions, the focus lies on the largest insurance jurisdictions (USA, UK and Germany) but newly important jurisdictions like Brazil and China are considered as well a most valuable and important contribution to international insurance law literature.' Manfred Wandt, Director of the Insurance Law Institute, Goethe-University Frankfurt, Germany 'This Research Handbook is published at an opportune time. A global review of insurance law and regulation is underway. Much reform happens locally with little reference to developments elsewhere and this Research Handbook brings the strands together. It is a comprehensive review by distinguished authors from different backgrounds including both leading academics and practitioners. They consider the definitions of insurance, its economic underpinnings, comparative law and regulations, actual and proposed reforms, the effects on underwriting and claims and how insurance is studied and taught. Good laws and regulation benefit the market and its customers. Bad laws and regulation do the opposite. This book is required reading for all involved in the reform process.' David Hertzell, Law Commissioner 'Globalisation has had no greater impact in the commercial world than on insurance, the law which governs it and the risks it seeks to address. Those who inspired this publication and the contributing authors, are to be thanked for providing such a necessary and useful reference source. It covers so much of what insurance professionals need to be aware of in the insurance/law world of the twenty first century.' Michael Gill, President of the International Insurance Law Association Given its economic importance, insurance is a field that has been underserved as an area of academic study. This detailed book provides much needed coverage of insurance law and regulation in its international context. Produced in association with Lloyd's, it draws on the expertise both of academics and practising lawyers. Containing 30 comprehensive chapters, it provides in-depth studies on key areas, such as the role of international organisations, the judicial interpretation of insurance contract clauses and transnational regulatory recognition. It also provides thorough introductions to important jurisdictions, including the EU, US and Japan as well as focusing on newly emerging economies such as China and Brazil. Specialist topics covered include regulation by and of Lloyd's, the tort of bad faith in the US, microinsurance and takaful insurance. This well-documented resource will appeal to academics and students in insurance law and regulation, policymakers and private practice lawyers. The book also aims to stretch the imagination of anyone with an interest in insurance law and regulation, providing detailed analysis and avenues for further investigation.