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Causation In Insurance Contract Law

Author: Meixian Song
Publisher: CRC Press
ISBN: 1317685016
Size: 58.80 MB
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Causation is a crucial and complex issue in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Therefore, this unique book will assist practitioners in answering one of the most important questions in the handling of their insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Causation in Insurance Contract Law also comes with a foreword written by Professor Robert Merkin. This book will be an invaluable guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.

The Law Of Marine Insurance

Author: Howard N. Bennett
Publisher: Oxford University Press, USA
ISBN: 9780198258445
Size: 51.74 MB
Format: PDF, Kindle
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The focus of this new book is the modern Law of Marine Insurance, a subject of considerable practical importance in the United Kingdom and throughout the world. While existing works have tended to be preoccupied with the description of case law, largely based upon the Marine Insurance Act1906, this book adopts an approach which is line with current legal practice in that it looks towards the 1983 Institute Clauses as the foundation of modern legal practice in Marine Insurance. Similarly, while many practitioners' works rely upon listing and describing cases, the style of this workis analytical and rigorous thereby bringing to the subject a clarity hitherto missing. In terms of content the work covers the well-established basic structure of the topic starting with an introduction to the Law of Marine Insurance and the Insurance Market itself, before moving on to deal with theduty of good faith, the principles of causation, marine risks, losses, formation, cover, claims, subrogation and so forth. The book finishes with a series of useful appendixes setting out the relevant legislation, institute clauses and standard forms.

Insurance Law Implications Of Delay In Maritime Transport

Author: Aysegul Bugra
Publisher: Taylor & Francis
ISBN: 1134833725
Size: 35.34 MB
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Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Ayşegül Buğra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.

Double Insurance And Contribution

Author: Nisha Mohamed
Publisher: Taylor & Francis
ISBN: 1317370953
Size: 53.53 MB
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Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area.? The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on:? the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance attempts to limit or exclude liability by the insurer how the clauses work in practice court decisions in various jurisdictions the Australian position under section 45 of the Insurance Contracts Act 1984 whether the Australian position can be adopted in the United Kingdom This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.

Illegality In Marine Insurance Law

Author: Feng Wang
Publisher: CRC Press
ISBN: 1317222873
Size: 33.53 MB
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Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.

Perspectives On Causation

Author: Richard Goldberg
Publisher: Bloomsbury Publishing
ISBN: 1847318266
Size: 21.81 MB
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The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

Principles Of Insurance Law

Author: Jeffrey W. Stempel
Publisher: LexisNexis
ISBN: 1579116507
Size: 44.53 MB
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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.

Marine Insurance Law

Author: Ozlem Gurses
Publisher: Routledge
ISBN: 1317929241
Size: 55.97 MB
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This book expertly introduces and clearly explains all topics covered in marine insurance law courses at undergraduate and postgraduate levels, offering students and those new to the area a comprehensive and accessible overview of this important topic in commercial law. Beginning by introducing the general principles of the subject, the structure and formation of insurance contracts, Marine Insurance Law then looks to individual considerations in detail, including: brokers, losses, risks and perils, sue and labour, reinsurance, and mutual insurance/P&I clubs. This title has been developed with the needs of courses specifically in mind, and its content has been tailored to include the most important and commonly taught topics in the field. Each chapter contains end of chapter further reading to support student research, ensuring this new textbook provides a reliable and accessible gateway into this important topic in maritime law

Causation And Responsibility

Author: Michael S. Moore
Publisher: Oxford University Press
ISBN: 0199599513
Size: 76.15 MB
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The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

Insurance Law

Author: John Lowry
Publisher: Bloomsbury Publishing
ISBN: 1847317693
Size: 55.98 MB
Format: PDF
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The third edition of Insurance Law: Doctrines and Principles follows the widely acclaimed first and second editions. It provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed with the needs of undergraduate and postgraduate students in mind. The text is enhanced by extensive citations to case law and academic commentaries, making the book ideal for students, scholars and practitioners alike. This new edition reflects the many changes that have occurred in the law of insurance since the second edition was published in 2005. The book is divided into two parts. Part I considers the regulation of insurance business and the general principles underlying the law of insurance contracts. Part II examines the way in which these principles are shaped by the particular insurance context in which they operate. The book is readable and authoritative, with a sound grasp of the realities of insurance practice; it is well sourced and generous with supplementary points. 'Lowry & Rawlings is a welcome addition to the ranks of insurance law textbooks and a serious contender for the student readership in this field.' Nicholas Legh-Jones QC, Lloyds Maritime Commercial Law Quarterly 'I recommend the book for undergraduate use, and as a starting point for postgraduate use. The book is well written and full of clear explanations of a difficult field of the law.' Neil Campbell, Law Quarterly Review '...can be warmly recommended for purchase or use by lecturers and students in the subject.' Dennis Dowding, The Law Teacher '...a very useful text on insurance law ... an eminently readable, good and critical book. It is clearly of the highest calibre.' Reuben Hasson, Canadian Business Law Journal