Insurance law Books

Book SynopsisThe insurance industry has found itself at the front line of climate change challenges, providing insurance cover in relation to risks associated with climate change. As risk carriers, insurers pay claims for climate change related losses â such as property damage caused by windstorms, flooding, and wildfires â which have been increasing in frequency and severity.As major institutional investors, insurance companies invest in assets that may be increasingly vulnerable to climate risks. Insurance regulators across the globe have therefore started to require insurance companies to identify, manage, and report on climate change risks that could pose a threat to their financial stability. However, managing and reporting on the effect of climate risk on an insurerâs balance sheet is an inward-looking perspective that does not stem climate change. It needs to be paired with an outward-looking perspective that takes account of the insurance industryâs impact on the environment and t

Read more less

Book SynopsisThe 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.Trade ReviewGood level of detail, but nonetheless highly readable. Useful critical analysis to prompt students with their further reading and research. -- Kate Bracegirdle * University of Bristol *This is an accessible and well-structured student textbook, but also contains plenty of analysis and useful references for further study. -- Franziska Arnold-Dwyer * Queen Mary University Of London *Table of Contents1. The Insurance Contract 2. Regulation of Insurance Business 3. Insurance Intermediaries 4. The Duty to Make a Fair Presentation 5. Formation of the Insurance Contract 6. Insurable Interest 7. Third Party Rights 8. Terms of the Insurance Contract 9. Construing the Terms of the Insurance Contract 10. Causation 11. Claims Procedure 12. Measurement of Loss and Reinstatement 13. Subrogation and Contribution 14. Motor Insurance 15. Liability Insurance 16. Specific Insurances 17. Marine Insurance 18. Reinsurance 19. Case Studies

Read more less

Book SynopsisBand 4 behandelt die Allgemeinen Vorschriften zur Haftpflichtversicherung ( 100-112 VVG), zur Pflichtversicherung ( 113-124 VVG) sowie die aktuellen Versicherungsbedingungen zur D&O-Versicherung (AVB D&O 2020). Umfassende Kommentierung des Versicherungsvertragsgesetzes und der aktuellen AVB D&O 2020 mit Synopse zu den früheren AVB-AVG Traditionsreich und bewährt Große wissenschaftliche Tiefe und hoher Praxiswert Auf neuestem Stand von Rechtsprechung und Literatur

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book SynopsisThe theory of marked point processes on the real line is of great and increasing importance in areas such as insurance mathematics, queuing theory and financial economics. However, the theory is often viewed as technically and conceptually difficult and has proved to be a block for PhD students looking to enter the area. This book gives an intuitive picture of the central concepts as well as the deeper results, while presenting the mathematical theory in a rigorous fashion and discussing applications in filtering theory and financial economics. Consequently, readers will get a deep understanding of the theory and how to use it. A number of exercises of differing levels of difficulty are included, providing opportunities to put new ideas into practice. Graduate students in mathematics, finance and economics will gain a good working knowledge of point-process theory, allowing them to progress to independent research.Trade Review'essential for those who are interested in the theory of point processes, in both theoretical and applied aspects.' Ying Hui Dong, MathSciNetTable of ContentsPart I. Point Processes: 1. Counting processes; 2. Stochastic integrals and differentials; 3. More on Poisson processes; 4. Counting processes with stochastic intensities; 5. Martingale representations and Girsanov transformations; 6. Connections between stochastic differential equations and partial integro-differential equations; 7. Marked point processes; 8. The Itô formula; 9. Martingale representation, Girsanov and Kolmogorov; Part II. Optimal Control in Discrete Time: 10. Dynamic programming for Markov processes; Part III. Optimal Control in Continuous Time: 11. Continuous-time dynamic programming; Part IV. Non-Linear Filtering Theory: 12. Non-linear filtering with Wiener noise; 13. The conditional density; 14. Non-linear filtering with counting-process observations; 15. Filtering with k-variate counting-process observations; Part VI. Applications in Financial Economics: 16. Basic arbitrage theory; 17. Poisson-driven stock prices; 18. The simplest jump–diffusion model; 19. A general jump–diffusion model; 20. The Merton model; 21. Determining a unique Q; 22. Good-deal bounds; 23. Diversifiable risk; 24. Credit risk and Cox processes; 25. Interest-rate theory; 26. Equilibrium theory; References; Index of symbols; Subject index.

Read more less

Book SynopsisPrior to the September 2001 terrorist attacks on the United States, insurers generally did not exclude or separately charge for coverage of terrorism risk. The events of September 11, 2001, changed this as insurers realized the extent of possible terrorism losses. Congress responded to the disruption in the insurance market by passing the Terrorism Risk Insurance Act of 2002 (P.L. 107-297). The goals of TRIA are to (1) protect consumers by addressing market disruptions and ensuring the continued widespread availability and affordability of commercial property/casualty insurance for terrorism risk; and (2) allow for a transitional period for the private markets to stabilize, resume pricing of such insurance, and build capacity to absorb any future losses, while preserving state insurance regulation and consumer protections. The book looks at issues surrounding TRIA.Table of ContentsPreface; Terrorism Risk Insurance: Overview and Issue Analysis for the 116th Congress; Protecting America: The Reauthorization of the Terrorism Risk Insurance Program; Terrorism Risk Insurance: Market Challenges May Exist for Current Structure and Alternative Approaches; Terrorism Risk Insurance: Market Is Stable but Treasury Could Strengthen Communications about Its Processes; Terrorism Risk Insurance: Program Changes Have Reduced Federal Fiscal Exposure; The Terrorism Risk Insurance Act (TRIA); Index.

Read more less

Book SynopsisSection 215 of the FACT Act (FACTA)1 requires the Federal Trade Commission (FTC or the Commission) and the Federal Reserve Board (FRB), in consultation with the Department of Housing and Urban Development, to study whether credit scores and credit-based insurance scores affect the availability and affordability of consumer credit, as well as automobile and homeowners insurance. FACTA also directs the agencies to assess and report on how these scores are calculated and used; their effects on consumers, specifically their impact on certain groups of consumers, such as low-income consumers, racial and ethnic minority consumers, etc.; and whether alternative scoring models could be developed that would predict risk in a manner comparable to current models but have smaller differences in scores between different groups of consumers. The Commission issues this report to address credit-based insurance scores primarily in the context of automobile insurance. Credit-based insurance scores, like credit scores, are numerical summaries of consumers'' credit histories. Credit-based insurance scores typically are calculated using information about past delinquencies or information on the public record (eg: bankruptcies); debt ratios (i.e., how close a consumer is to his or her credit limit); evidence of seeking new credit (e.g., inquiries and new accounts); the length and age of credit history; and the use of certain types of credit (e.g., automobile loans).

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

Book Synopsis

Read more less

Book SynopsisChinese 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. Table of ContentsChapter 1. Introduction to Insurance and China’s Insurance industry Chapter 2. Chinese Legal System and the Insurance Law Chapter 3. The Regulation of Insurance Chapter 4. Formation of an Insurance Contract Chapter 5. Terms of Insurance Contracts and Construction Chapter 6. Premiums Chapter 7. Insurable Interest Chapter 8. The Insured’s Duty of Disclosure and Representations Chapter 9. The Insurer’s Pre-contractual Duty of Good Faith Chapter 10. Increase of Risk during the Insurance Period Chapter 11. Double Insurance and Contribution Chapter 12. Causation Chapter 13. Risk Prevention and Loss Mitigation Chapter 14. The Making of a Claim Chapter 15. Settlement of Claims Chapter 16. Fraudulent Claims Chapter 17. Subrogation Chapter 18. Modification and Rescission of Insurance Contracts Chapter 19. Property Insurance Chapter 20. Life and Accident Insurance Chapter 21. Liability Insurance Chapter 22. Motor Vehicle Insurance Chapter 23. Reinsurance Chapter 24. Marine Insurance

Read more less

Book SynopsisFor commercial organisations, certainty and stability are essential. Yet unexpected eventsâand shifting economic or geopolitical conditionsâfrequently pose serious risks. One of the most effective tools for mitigating such risks is insurance. This edited volume explores key developments in commercial insurance law, examining both doctrinal issues and their relationship with real-world market practice. It also addresses emerging trends, offering a contemporary perspective on how insurance law is evolving in response to legal, technological, and global changes. The discussion ranges across national and international contexts.The book is divided into four parts. The first parts analyse recent statutory and judicial developments in English law, assessing their impact on market practice. The authors also explore niche insurance sectors and comparative law perspectives. The third part focuses on technology-driven developments and the legal questions they raise. The final part addresses post-settlement issues, such as subrogation and the rights of assignees. In this area, longstanding principles have recently been tested in courts, yielding some unexpectedâand practically significantâoutcomes.Commercial Insurance Law is for lawyers and administrators not only in England and Wales but worldwide, including international commercial centres such as Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India. It will also be of interest to specialist law libraries in Europe and the USA, specialist maritime law firms in the USA, and university libraries where maritime and shipping law are taught as specialist subjects.

Read more less

Book SynopsisThe Law of Compulsory Motor Vehicle Insurance covers motor vehicle compulsory liability insurance in a broad context by putting emphasis on the fundamental principles unique to this type of insurance, their operation together with the general principles of law, and the interventions of the relevant EU Directives and CJEU decisions.The law regarding motor vehicle liability insurance is ever-evolving, fast-developing and offering more intellectual challenges as the disputes vary every day. This book examines the principles applicable in this area of law by studying the grounds where the rules derive from and their continuing developments over decades at both domestic and EU levels. Whilst doing so it also discusses whether the sources of the current applicable law, in several different motor vehicle compulsory insurance related issues, are in line with each other. The book also presents careful analyses of the interplay between the different sources of law, detailed discussionsTrade Review"The legal principles applicable to compulsory motor insurance are complex and intricate. They derive from: domestic legislation dating back to 1930; industry agreements filling in the gaps created by uninsured or hit and run drivers; European Union single market directives designed to secure equality of protection for victims wherever the accident occurs; and a series of lengthy decisions from both the UK courts and the Court of Justice of the European Union on the correct interpretation of the legislation and directives. Weaving all of these disparate but interrelated sources into a single volume explaining how they operate together is a major challenge. Dr Gurses’ work The Law of Compulsory Motor Vehicle Insurance is the first short work of its type to undertake this task. The author explains succinctly how the law works, explains the conflict between the UK and EU approaches and identifies future challenges. This book is clear, concise and authoritative. It will be of immense value to practitioners seeking an understanding of the regime, and also to students of insurance law. Those teaching and studying tort law will also find much of value in this work: a substantial proportion of personal injury claims arise from accidents on the road, but academics have generally shied away from looking behind tort principles to how claims are actually paid." Professor Robert Merkin QC"The new publication written by Gurses fills a gap. The regulation of traffic accidents involving motor vehicles puts high demands on the practice. This is not least due to the complex interplay of national and European law. The European system of far-reaching protection of victims offers many advantages. These include, in particular, the direct claim, which guarantees reliable regulation of damages by an insurer or, if no insurance protection intervenes, national guarantee funds such as the Motor Insurers' Bureau. Any questions of interpretation of the EU rules, such as the scope of protection, must be clarified by the European Court of Justice. In contrast, the conditions and amount of the claim for damages continue to be governed by the law at the place of the accident. This law differs considerably in the Member States. Gurses addresses these issues and many other topics - such as the scope of insurance coverage requirements, the control of contract terms, or the public policy doctrine in a concise manner. It is particularly commendable that she makes the complex legal situation in the UK, including the case law, comprehensible. The book is rounded off by an overview of the innovations of the Automated and Electric Vehicles Act 2018, especially with regard to liability."Univ.-Prof. Dr. Christian Armbrüster, Freie Universität Berlin"The legal principles applicable to compulsory motor insurance are complex and intricate. They derive from: domestic legislation dating back to 1930; industry agreements filling in the gaps created by uninsured or hit and run drivers; European Union single market directives designed to secure equality of protection for victims wherever the accident occurs; and a series of lengthy decisions from both the UK courts and the Court of Justice of the European Union on the correct interpretation of the legislation and directives. Weaving all of these disparate but interrelated sources into a single volume explaining how they operate together is a major challenge. Dr Gurses’ work The Law of Compulsory Motor Vehicle Insurance is the first short work of its type to undertake this task. The author explains succinctly how the law works, explains the conflict between the UK and EU approaches and identifies future challenges. This book is clear, concise and authoritative. It will be of immense value to practitioners seeking an understanding of the regime, and also to students of insurance law. Those teaching and studying tort law will also find much of value in this work: a substantial proportion of personal injury claims arise from accidents on the road, but academics have generally shied away from looking behind tort principles to how claims are actually paid."Professor Robert Merkin QC"The new publication written by Gurses fills a gap. The regulation of traffic accidents involving motor vehicles puts high demands on the practice. This is not least due to the complex interplay of national and European law. The European system of far-reaching protection of victims offers many advantages. These include, in particular, the direct claim, which guarantees reliable regulation of damages by an insurer or, if no insurance protection intervenes, national guarantee funds such as the Motor Insurers' Bureau. Any questions of interpretation of the EU rules, such as the scope of protection, must be clarified by the European Court of Justice. In contrast, the conditions and amount of the claim for damages continue to be governed by the law at the place of the accident. This law differs considerably in the Member States. Gurses addresses these issues and many other topics - such as the scope of insurance coverage requirements, the control of contract terms, or the public policy doctrine in a concise manner. It is particularly commendable that she makes the complex legal situation in the UK, including the case law, comprehensible. The book is rounded off by an overview of the innovations of the Automated and Electric Vehicles Act 2018, especially with regard to liability."Univ.-Prof. Dr. Christian Armbrüster, Freie Universität BerlinTable of Contents1 Brief History of the Insurance Obligation and Interaction with the EU Law 2 The Insurance Obligation: Overview 3 Insurance Obligation: Scope (Meaning of ‘Permit’ ‘Cause’ ‘Motor Vehicle’ ‘Road or Other Public Place’) 4 Requirements with Respect to the Insurance Policy: Form and Scope 5 The Meaning of ‘Use’ of a Vehicle 6 Civil Liability 7 Control of Policy Terms 8 Third Party Victim’s Right of Direct Action Against Insurers 9 Credit Hire Agreements 10 Motor Insurers’ Bureau 11 Injuries Suffered in the EU 12 The Public Policy Doctrine 13 Insurance of Automated Vehicles

Read more less

Book SynopsisGood Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area.This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners. Table of Contents The insurance contract uberrimae fidei Other contracts of the utmost good faith The nature of the duty of the utmost good faith The source of the duty of utmost good faith Law reform Legislation affecting the duty of good faith The assured’s duty of the fair presentation of the risk at placing The exceptions to the duty of disclosure at placing Modification of the duty of disclosure at placing The post-contractual duty of good faith The assured’s duty of utmost good faith and claims The insurer’s duty Third parties Materiality and inducement Examples of material facts Remedies The loss of the insurer’s right to exercise a remedy or to rely upon a breach of warranty Evidence: Proving a breach of duty or a defence

Read more less

Book SynopsisThe new edition of this British Insurance Law Association (BILA)-award winning text is the definitive reference source for marine cargo insurance law. Written by an author who was closely involved with the revisions to the Institute Cargo Clauses 2009, the work expertly examines marine cargo insurance by reference to important English and foreign legal cases as well as the Marine Insurance Act 1906. Logically arranged to reflect the structure of the Institute Cargo Clauses, the most widely used standard form of cover, this text offers easy to find solutions for today's busy practitioner. New to this edition: Completely revised to include the Insurance Act 2015 (duty of fair presentation; warranties, fraudulent claims) Brand new chapter on the revised Institute Ancillary and Trade Clauses, including those to be introduced on 1 November 2015 Increased coverage of jurisdictionTable of Contents1. History and Definition of Marine Cargo Insurance 2. Law and Jurisdiction Clauses 3. Open Covers, Policies and Certificates of Insurance 4. Insurable Interest and the Indemnity Principle 5. Good Faith, Non-Disclosure and Misrepresentation and the Duty of Fair Presentation 6. Warranties, Conditions and Exclusions 7. Causation 8. All Risks and Exclusions 9. Named Perils Cover and Insurance for Specific Trades, Commodities and Transits 10. War, Strikes, Terrorism and Rejection Risks 11. Duration of the Insurance 1: The Transit Clause 12. Duration of the Insurance 2: Termination of Carriage and Change of Voyage 13. Claims and Losses 14. Recoverable Expenses and Liabilities: Sue and Labour, Salvage, General Average and Collision Liabilities 15. Measure of Indemnity 16. Subrogation, Double Insurance and Rights of Contribution

Read more less

Book SynopsisApproximately 40 per cent of value of international trade comes from goods carried by air, and the consequences of goods being damaged, destroyed or delayed can be serious, substantial, and perhaps unforeseen. This exciting new book is the only one on the market that deals exclusively with air cargo insurance, and will therefore, be a vital addition to the collection of any practitioner, professional or academic working in the field. Air Cargo Insurance analyses the model policies and standard terms and conditions on the London markets. The authors also provide readers with an invaluable perspective on cases in other jurisdictions, and the book discusses freight forwarders' relations with airlines and addresses the possibility of recovery from third parties. This book, written by two of the leading experts in the field, provides invaluable guidance to practitioners, arbitrators and cargo-claims professionals. It will help to ensure that air cargo insurance contracts arTable of Contents1: General Principles2: Air Cargo Insurance: General Principles3: Insurance Claims by Cargo Interests4: Liability Insurance5: Air Cargo Liability Insurance Claims6: Air Cargo Property Claims

Read more less

Book SynopsisThis is the third revised edition of what was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, the book helps professionals understand the Form's lengthy and complex provisions. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. The book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom. This title is included in Bloomsbury Professional's International Arbitration online service.Table of Contents1. THE LEGAL AND ECONOMIC ORIGINS OF THE BERMUDA FORM Policy Forms and Liability Problems US Legal Decisions on Insurance Coverage Issues The Creation of ACE and XL Key Features of the Bermuda Form 2. THE BERMUDA FORM: ITS BASIC STRUCTURE An Occurrence Reported Form The Period of Cover: Coverage A and B Limits The Excess Point The Inception and Retroactive Coverage Dates The Exclusions The Conditions Schedules and Endorsements 3. CHOICE OF LAW ISSUES UNDER THE BERMUDA FORM Identifying the Relevant Governing Law The Division between Substance and Procedure 4. INTERPRETATION OF THE BERMUDA FORM AND THE MODIFICATION OF NEW YORK LAW The Structure of the Modification of the New York Law Proviso Interpretation of Insurance Contracts: The Basic Approach Interpretation of the Modification of the New York Law Proviso The ‘Forbidden Grounds’ Fruit of the Poisonous Tree? 5. THE COVERAGE CLAUSE Insurance against Liability The Insured Ultimate Net Loss/All Sums Insurance … For Damages Judgments Settlements by the Policyholder Mitigation of Damages Allocation of Payments Personal Injury, Property Damage and Advertising Liability Personal Injury Property Damage Advertising Liability Other Aspects of the Coverage Clause 6. THE DEFINITION OF ‘OCCURRENCE’ Introduction ‘Occurrence’: The Basic Definition Aggregation Expected or Intended Injury 6 7. FORTUITY, EXPECTED OR INTENDED, AND THE ‘MAINTENANCE DEDUCTIBLE’ Introduction Fortuity and Related Doctrines Expectation and Intention The ‘Maintenance Deductible’ 8. NOTICE OF OCCURRENCE Introduction Method of Giving Notice Notice as a Condition of Coverage Notice as a Trigger of Coverage: Legal and Practical Considerations 9. ARTICLE II: THE EXCESS POINT AND LIMITS OF LIABILITY The Excess Point The Other Insurance Condition The Policy Limits Joint Ventures, Partnerships and Minority Interests 10. THE EXCLUSIONS Introduction 6 Interpretation of Exclusion Clauses: General Principles and the Effect of the Bermuda Form’s Modification of New York Law Causation The Specific Exclusions in the Bermuda Form: Introduction The ‘Prior to Inception or Retroactive Coverage Date’ and ‘Other Insurance’ Exclusion The ‘Workers’ Compensation, etc’ Exclusion The ‘Professional Services’ Exclusion The ‘Owned Property; Care, Custody or Control, etc’ Exclusion The ‘Products Liability’ Exclusions (‘Efficacy, Loss of Use, etc’) The ‘Advertising’ Exclusion The ‘War’ Exclusion The ‘Toxic Substances’ Exclusion The ‘Aircraft’ Exclusion The ‘Watercraft’ Exclusion The ‘Pollution’ Exclusion The ‘Nuclear’ and the ‘Radioactive Contamination (Outside the United States)’ Exclusions The ‘Erisa’ Exclusion The ‘Repetitive Stress’ Exclusion The ‘Securities, Antitrust, etc’ Exclusion 11. THE CONDITIONS The Premium Condition The Inspection Condition The Cross-liability Condition The Notice of Occurrence Condition The Assistance and Co-operation Condition The Appeals Condition The Loss Payable Condition The Representation Condition The Other Insurance Condition The Subrogation Condition The Changes Condition The Assignment Condition The Cancellation Condition The Currency Condition The Arbitration Condition The Conflicting Statutes Condition The Law of Construction and Interpretation Condition The Proration of Losses Condition The Liability of the Company Condition The Policy Extension Condition The Reinstatement Condition The Discovery Period Condition The Expiration Date Condition The Former Subsidiaries, Affiliates and Associated Companies Condition The Notice Condition The Headings Condition 12. MISREPRESENTATION AND NON-DISCLOSURE Introduction Non-Disclosure under New York Law Misrepresentation under New York Law Remedy for Misrepresentation 13. WAIVER AND ESTOPPEL AND RESERVATIONS OF RIGHTS Introduction Waiver Estoppel The ‘Changes’ Condition in the Bermuda Form 14. COMMENCING A BERMUDA FORM ARBITRATION AND APPOINTING ATTORNEYS AND ARBITRATORS Introduction Legal Representation The Commencement of Arbitration The Selection of an Arbitrator Appendix: Notice to Commence Arbitration 15. THE COURSE AND CONDUCT OF A BERMUDA FORM ARBITRATION IN LONDON Introduction The Overall Shape of the Arbitration The ‘Pleadings’ Stage The First Order for Directions Confidentiality Discovery of Documents Preliminary Issues or ‘Bifurcation’ Witness Statements Expert Evidence Preparation for the Substantive Hearing The Substantive Hearing The Award and Post-Award Events Appendix 1: First Order for Directions Appendix 2: Protective Order 16. DISCOVERY, PRIVILEGE AND WAIVER OF PRIVILEGE General Principles Discovery in Arbitration in Practice Legal Professional Privilege Waiver of Privilege Confidential Documents Other Forms of Discovery 17. INTEREST AND COSTS Interest Costs

Read more less

Book Synopsis“With the ever increasing number of claims against directors and officers, this book provides a very welcome addition to the bookshelves which hitherto have lacked books on this important area” - Alison Green, Chairman of the Trustees of the BILA Charitable Trust. This book scrutinises the origins and the rationale underlying D&O insurance, and provides answers to the question of protecting directors against the potential liabilities they may face. It provides clear understanding about D&O policies wording, exclusions and issues of misrepresentation. The information contained in this new book includes Nature and Legality of D&O Liability Insurance, D&O Exclusions, Directors’ and Officers’ Liability to Third Parties, Directors’ Liability at Civil Law, D&O: Defence Costs Cover and Allocation, Aggregation Principles and D&O Cover and the Reinsurance of D&O Policies.Table of ContentsChapter 1 Introduction to Liability Insurance Chapter 2 The Nature and Legality of D&O Liability Insurance Chapter 3 Persons Covered by D&O Insurance Chapter 4 D&O Exclusions Chapter 5 Sources of Liability and the Consequential Loss: D&O Covered Risk Chapter 6 Directors' and Officers' Liability to Third Parties Chapter 7 Directors' Liability at Civil Law Chapter 8 D&O Defence Costs Cover and Allocation Chapter 9 The Reinsurance of D&O Policies

Read more less

Book SynopsisThe Compendium of Insurance Law consolidates diverse insurance law sources, statutes and codes of practice in one comprehensive volume. Each piece of legislation is supplemented by detailed annotations, which explain the operation and relationship of the legislation with other sources of insurance law. The book is filled with comprehensive coverage of legislation relating to the following areas: regulation, reinsurance, life assurance, property insurance, marine insurance, liability insurance, motor insurance, insurance intermediaries, insurance contracts and competition.Table of Contents1. Regulation of Insurers 2. Reinsurance 3. Life Assurance 4. Property Insurance 5. Marine Insurance 6. Liability Insurance 7. Motor Vehicle Insurance 8. Insurance Intermediaries 9. Insurance Contracts 10. Competition

Read more less

Book SynopsisInternational Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise.The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide.The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.Trade ReviewInternational Cargo Insurance will naturally be consulted by marine insurance lawyers seeking an introduction to the relevant principles and practices prevailing and the relevant sources governing or setting out the position in one of the jurisdictions covered. It will further serve as an indispensable point of departure for those engaged in further attempts at regional or international harmonisation. But it will also be of more than passing interest to lawyers seeking an introduction to the general principles of insurance law in the different jurisdictions. After all, the comparative approach is relevant not only when seeking to harmonise different legal systems, but also when grappling with the reform and the improvement or modernisation of a particular municipal system of law.Congratulations are due, then, to John Dunt and his team of contributors for a project innovatively conceived and splendidly realised.JP van Niekerk, Professor of Law,Department of Mercantile Law, School of Law,University of South Africa.This fascinating work sets out with remarkable clarity, the often misunderstood differences that can exist between jurisdictions, and in turn, their application of law in the interpretation of marine cargo insurance contracts. A work such as this is long overdue, considering as it does the reasons why such alternate positions have developed, despite a publicly voiced desire in many circles for harmonization. The authors who have contributed to this new publication, including John Dunt who also edited this impressive work are all, as the clarity of their advice ably demonstrates, leading marine insurance law luminaries in their own countries. The book discusses how cargo insurance law has developed alongside international trade, and how the difference between common and civil law regimes has impacted the evolution of the law in many important respects.Marine cargo insurance law continues to evolve and this book provides an up to date refresher that will be welcomed by all in need of an accurate understanding of current thinking. An example of this is the recent decision in The Cendor MOPU case. Here the Supreme Court has now seemingly harmonised English Law on inherent vice with the position previously adopted in other regimes. This case rightly receives the careful scrutiny and the concise commentary one has come to expect from John Dunt. With the challenging piracy for ransom situation still prevailing in the Gulf of Aden/Indian Ocean, similar treatment is given to the recent Court of Appeal determination of a number of fundamental issues in Masefield AG v Amlin.For anyone involved in international cargo insurance, the United States remains a vital but sometimes uncertain jurisdiction for cargo interests, with tensions evident between federal maritime law and state law. This issue is helpfully discussed in detail with analysis of Wilburn Boat Co v Firemans Fund Insurance Co. and the impact this has had on important decisions since. Following the clear format used throughout this book, Stephen Rible gives a compelling account of the diverse jurisdiction that the United States can be, and brings considerable authority to the topics under review, with commentary supported by comprehensive case and statute referencing. This is a feature that all contributing authors have mirrored with commendable success.The "adventure", as a concept in marine insurance receives consideration and although not in the same context, "adventure" appropriately sums up the captivating journey awaiting the reader of this seminal work, as we are guided through a variety of legal landscapes and decisions. English law and practice is covered in detail first. This is followed by the positions applying in Hong Kong, Singapore, Japan, Australia, The United States of America, Italy, Germany, France, Norway, The Peoples Republic of China, and South Africa. A final chapter provides the all important comparison analysis summarizing the differences between these jurisdictions as dealt with in detail in earlier chapters. Comprehensive appendices ensure the importance of this book as an essential standalone reference source under John Dunt’s able editorship. A failure to understand the different approaches to contract formation and interpretation of coverage can have serious consequences for the uninformed. The difficulty facing anyone involved with marine cargo insurance though is just how to become acquainted with the many international regimes and the sometimes contradictory positions adopted. Without this understanding, contract certainty is readily undone with the scope for attendant uncertainty, poor decisions and unnecessary disputes.This book goes a long way to remedy that difficulty and will equip the reader with the wherewithal to make informed and appropriate decisions.Peter de Boissiere Global Marine Claims Leader - CargoInternational Cargo Insurance will naturally be consulted by marine insurance lawyers seeking an introduction to the relevant principles and practices prevailing and the relevant sources governing or setting out the position in one of the jurisdictions covered. It will further serve as an indispensable point of departure for those engaged in further attempts at regional or international harmonisation. But it will also be of more than passing interest to lawyers seeking an introduction to the general principles of insurance law in the different jurisdictions. After all, the comparative approach is relevant not only when seeking to harmonise different legal systems, but also when grappling with the reform and the improvement or modernisation of a particular municipal system of law.Congratulations are due, then, to John Dunt and his team of contributors for a project innovatively conceived and splendidly realised.JP van Niekerk, Professor of Law,Department of Mercantile Law, School of Law,University of South Africa.This fascinating work sets out with remarkable clarity, the often misunderstood differences that can exist between jurisdictions, and in turn, their application of law in the interpretation of marine cargo insurance contracts. A work such as this is long overdue, considering as it does the reasons why such alternate positions have developed, despite a publicly voiced desire in many circles for harmonization. The authors who have contributed to this new publication, including John Dunt who also edited this impressive work are all, as the clarity of their advice ably demonstrates, leading marine insurance law luminaries in their own countries. The book discusses how cargo insurance law has developed alongside international trade, and how the difference between common and civil law regimes has impacted the evolution of the law in many important respects.Marine cargo insurance law continues to evolve and this book provides an up to date refresher that will be welcomed by all in need of an accurate understanding of current thinking. An example of this is the recent decision in The Cendor MOPU case. Here the Supreme Court has now seemingly harmonised English Law on inherent vice with the position previously adopted in other regimes. This case rightly receives the careful scrutiny and the concise commentary one has come to expect from John Dunt. With the challenging piracy for ransom situation still prevailing in the Gulf of Aden/Indian Ocean, similar treatment is given to the recent Court of Appeal determination of a number of fundamental issues in Masefield AG v Amlin.For anyone involved in international cargo insurance, the United States remains a vital but sometimes uncertain jurisdiction for cargo interests, with tensions evident between federal maritime law and state law. This issue is helpfully discussed in detail with analysis of Wilburn Boat Co v Firemans Fund Insurance Co. and the impact this has had on important decisions since. Following the clear format used throughout this book, Stephen Rible gives a compelling account of the diverse jurisdiction that the United States can be, and brings considerable authority to the topics under review, with commentary supported by comprehensive case and statute referencing. This is a feature that all contributing authors have mirrored with commendable success.The "adventure", as a concept in marine insurance receives consideration and although not in the same context, "adventure" appropriately sums up the captivating journey awaiting the reader of this seminal work, as we are guided through a variety of legal landscapes and decisions. English law and practice is covered in detail first. This is followed by the positions applying in Hong Kong, Singapore, Japan, Australia, The United States of America, Italy, Germany, France, Norway, The Peoples Republic of China, and South Africa. A final chapter provides the all important comparison analysis summarizing the differences between these jurisdictions as dealt with in detail in earlier chapters. Comprehensive appendices ensure the importance of this book as an essential standalone reference source under John Dunt’s able editorship. A failure to understand the different approaches to contract formation and interpretation of coverage can have serious consequences for the uninformed. The difficulty facing anyone involved with marine cargo insurance though is just how to become acquainted with the many international regimes and the sometimes contradictory positions adopted. Without this understanding, contract certainty is readily undone with the scope for attendant uncertainty, poor decisions and unnecessary disputes.This book goes a long way to remedy that difficulty and will equip the reader with the wherewithal to make informed and appropriate decisions.Peter de Boissiere Global Marine Claims Leader - CargoTable of Contents1. History and Harmonisation, John Dunt 2. Jurisdiction and Applicable Law, John Dunt 3. England, John Dunt 4. Hong Kong, Colin Wright and Caroline Thomas 5. Singapore, Corina Song 6. Japan, Shuji Yamaguchi and John Dunt 7. Australia, Derek Luxford 8. The United States of America, Stephen V. Rible 9. Italy, Francesco Siccardi 10. Germany, Joachim F. Bartels 11. France, Gildas Rostain, Maxime de La Morineri and Marie Buzulier 12. Norway, Trine-Lise Wilhelmsen and Hans Jacob Bull 13. The Peoples Republic of China, Liu Guiming, Liang Jian and Cai Dongdong 14. South Africa, Andrew Robinson 15. Comparative Analysis, John Dunt

Read more less

Book SynopsisMarine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law’s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact.The new edition has been updated to incorporate:• the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris• the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposalsThe book explores in detail the following areas:• the nature of insurance• insurable interest• the insurance contract• the premium• insured risks• marine risks• exclusions• losses• claims• subrogation• double insuranceTrade Review"The second edition has, in my view, achieved the difficult task of surpassing the first edition in terms of scholarship and analytical discussion. It is also notable for a wide coverage of relevant authorities. It will become indispensable to lawyers, academicians and other persons interested in marine insurance, not only in the United Kingdom but throughout the commen law world.""…this text (is) one that all in the field will find themselves constantly consulting in the years to come."Judith Prakash, Judge of the Supreme Court of SingaporeAlison Green, the Chairman of the Trustees of the BILA Charitable Trust said, as she awarded the BILA Book Prize to Francis:“This textbook is a welcome addition to the texts on marine insurance law as it combines in one volume all the areas which a practitioner or student of marine insurance law needs to know. It is written in a very readable style, which makes it readily approachable for those unfamiliar with this topic. It combines an academic's insight into the law with a modern and practical approach to problems that frequently beset marine insurance. This book richly deserves to be the winner of the annual BILA book prize.""…this text (is) one that all in the field will find themselves constantly consulting in the years to come."Judith Prakash, Judge of the Supreme Court of SingaporeAlison Green, the Chairman of the Trustees of the BILA Charitable Trust said, as she awarded the BILA Book Prize to Francis:“This textbook is a welcome addition to the texts on marine insurance law as it combines in one volume all the areas which a practitioner or student of marine insurance law needs to know. It is written in a very readable style, which makes it readily approachable for those unfamiliar with this topic. It combines an academic's insight into the law with a modern and practical approach to problems that frequently beset marine insurance. This book richly deserves to be the winner of the annual BILA book prize."Table of Contents1. The nature of insurance 2. The subject-matter of insurance 3. Insurable interest 4. Intermediaries 5. Presentation of the risk and utmost good faith 6. The contract 7. Parties 8. The premium 9. Terms of the contract 10. Period of cover 11. Departure of cover 12. Varying cover 13. Insured risks 14. Marine risks 15. Inchmaree risks 16. Liabilities 17. Discord (“War and Strikes”) risks 18. Exclusions 19. Causation 20. Aversion and minimisation of loss 21. Losses 22. Partial losses 23. Total loss 24. Abandonment 25. Quantifying the indemnity 26. Claims 27. Subrogation and recoupment 28. Double insurance and contribution APPENDICES

Read more less

Book SynopsisThe unique features of the Lloyd’s Corporation and Market and their governing rules are complex and are often difficult to navigate even for the most seasoned practitioner. This book provides the reader with a definitive and detailed guide, and is essential for any practitioner dealing with Lloyd’s Insurance. After a brief historical account, the book provides a thorough legal description and analysis of Lloyd’s, which includes topics ranging from the constitution and membership requirements of Lloyd’s, UK and overseas regulation, the processes for placing and underwriting business and handling claims, chain of security, enforcement and disciplinary matters, compensation and the reconstruction and the renewal of the Lloyd’s market between 1990 and 1996. The book will be an invaluable reference tool for insurance practitioners and professionals dealing with Lloyd’s.Julian Burling is a barrister at Serle Court, and has been involved in advising on and implementing nearly all significant legal developments at Lloyd’s in the last 25 years.Trade Review"This is an excellent new book which deserves praise of the highest order: in its specialist field it makes a material contribution to the broadening of knowledge and understanding. It is a book which will serve the needs of many with an interest in the Lloyd's market and it may be said of any insurance library that does not have this book on its shelves that it is to that extent incomplete and deficient." - Journal of International Maritime Law (2013) 19"The author’s approach to the subject is comprehensive detailed and thorough. Yet the book is set out and composed in a clear, logical, readble and readily understandable style. It has already become an essential tool for practitioners dealing with Lloyd’s transactions." - Jonathan Goodliffe, solicitor for the British Insurance Law Association Journal (issue 127, 2014)Table of ContentsChapter 1. An Overview of the Current Lloyd's Market Chapter 2. A Brief History of the Lloyd's Market Chapter 3. Lloyd's- A Statutory Body Chapter 4. Members and Membership of Lloyd's Chapter 5. Regulation of Lloyd's Market under FSMA Chapter 6. Syndicates (1): Structure and Participation Chapter 7. Syndicates (2) Standard Agency Agreements Chapter 8. Managing Agents Chapter 9. Members' Agents Chapter 10. Lloyd's Brokers and other Agents of the Assured Chapter 11. Placing and Accepting Insurance at Lloyd's: Open Markets Chapter 12. Delegating Underwriting Chapter 13. Claims Process at Lloyd's Chapter 14. Accounts and Payment of Premiums and Claims Chapter 15. Supervision of Underwriting at Lloyd's Chapter 16. Capital Requirements Chapter 17. Financial Resources at Lloyd's (1): Syndicate Level Chapter 18. Financial Resources at Lloyd's (2): Member Level- "Funds at Lloyd's" Chapter 19. Financial Resources at Lloyd's (3): The Central Fund and Other Central Assets Chapter 20. Solvency Test Chapter 21. Accounts and Reporting Chapter 22. Taxation of Members Chapter 23. FSMA Part VII: Insurance Business Transfers to or from Members of Lloyd's Chapter 24. Enforcement Chapter 25. Dispute Resolution Chapter 26. Regulation of Members of Lloyd’s Overseas Chapter 27. Agency Department Chapter 28. Insolvency Procedures Chapter 29. The "Lloyd's Litigation"

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less