Law of Insurance Contracts Volume 2 PDF Download

Author: Malcolm A. Clarke
Publisher:
ISBN: 9781850442066
Category : Indemnity
Languages : en
Pages :

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Author: Pierpaolo Marano
Publisher: Springer Nature
ISBN: 3030311988
Category : Law
Languages : en
Pages : 714

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Book Description
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: Zhen Jing
Publisher: Taylor & Francis
ISBN: 1317802543
Category : Law
Languages : en
Pages : 992

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Book Description
Chinese 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. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and – significantly – in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.

Author: Malcolm Alistair Clarke
Publisher: Lloyd's of London Press Limited
ISBN:
Category : Law
Languages : en
Pages : 1018

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"Widely regarded as the premier source to insurance contract law, it provides an exhaustive guide with detailed notes you can cite in court in a highly readable, fuss-free manner."

Author: Project Group Restatement of European Insurance Contract Law
Publisher: sellier. european law publ.
ISBN: 3866530692
Category : Insurance law
Languages : en
Pages : 737

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Book Description
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

Author: Jeffrey W. Stempel
Publisher: Aspen Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 1032

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Author: Malcolm Alistair Clarke
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1258

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This guide to the law of insurance contracts is now presented in looseleaf format, aiming to make it easy to find answers to contract problems and to allow the information to be continuously updated as the law changes. The depth and range analyzes all aspects of insurance contracts and presents detailed content but with a practical structure making it easy to read and making solutions easy to find.

Author: Robert M. Merkin
Publisher:
ISBN: 9788792009050
Category :
Languages : en
Pages :

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Author: Robert M. Merkin
Publisher:
ISBN: 9781870080620
Category :
Languages : en
Pages :

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Author: Janice E. Greider
Publisher: McGraw-Hill/Irwin
ISBN:
Category : Business & Economics
Languages : en
Pages : 776

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