Bookboon, Cambridge University, 2016. — 84 p. — ISBN: 978-87-403-1209-6.Description.
Insurance is the principal device whereby western societies respond to events adversely affecting people through injury or property damage. People pay for ‘cover’, a contract with an insurance company , whereby the insurer agrees to indemnify people on the occurrence of such an event in return for a periodic payment called premium. This book explains the English law regulating these insurance contracts.
Content.
Insurance Contracts Defined.
- Introduction.
- Description.
- Contracts to distinguish from Insurance.
Insurable Interest: Life.
- Introduction.
- Persons with an Insurable Interest.
Insurable Interest: Property.
- Introduction.
Third Party Rights.
- Introduction.
- The Contracts (Rights of Third Parties) Act 1999.
- Agency.
- Commercial trustees.
- The Third Parties (Rights Against Insurers) Act 1930.
- The Third Parties (Rights against Insurers) Act 2010.
- Road Traffic Act 1988.
Agency.
- Introduction.
- Authority.
- Ratification.
- Liability.
Contract Formation.
- Applications.
- Contract conclusion.
- Contracting at Lloyd’s.
- Interim Insurance.
Premium.
- Introduction.
- Non-payment.
- No return of premium.
The Policy.
- Introduction.
- Content.
- Interpretation.
- Context.
Cover.
- Cover and Loss.
- Subject-matter.
- Insured events.
Exceptions To Cover.
- Introduction.
- Leading Exceptions.
- Unenforceable Exceptions.
Warranties.
- The Nature and Function of Warranties.
- The Absolute Nature of Warranties.
- Construction of Warranties.
- Continuing (Promissory) Warranties.
- Breach of Warranty.
Misrepresentation.
- Introduction.
- Inducement.
- Remedies.
Disclosure.
- Introduction.
- Disclosure.
- Material Fact.
- Knowledge.
- Waiver of Disclosure by Insurers.
- Breach.
- Fair presentation.
Illegal Insurance.
- Introduction.
- Illegality.
Claims.
- Introduction.
- Proof.
- Faulty Claims.
- Fraudulent Claims.
- Waiver.
- Claims Enforcement.
Indemnity.
- Introduction.
- Loss Assessment.
Payment And Non- Payment.
- Introduction.
- The Time of Payment.
- Mode of Payment.
- The Payee.
- Settlement of Claims.
- Non-payment.
About the Author.
Malcolm Clarke, Emeritus Professor of Commercial Contract Law, Cambridge University.
Relevant publications:
- The Law of Insurance Contracts (6th (bound) edition, London 2009); bi-annually updated in loose leaf form, ISBN 1-85978-689-8, and on line.
- Policies and Perceptions of Insurance (Oxford, 1997).
- Policies and Perceptions of Insurance in the 21st Century (Oxford 2005 and 2007).
- Joint editor of Principles of European Insurance Contract Law; 2nd edition (Munich 2015).
