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Australian Insurance Law: A First Reference, 4th Edition

Australian Insurance Law: A First Reference, 4th Edition

  • Author:
  • Publisher: LexisNexis Australia
  • ISBN: 9780409325386
  • Published In: December 2017
  • Format: Paperback
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
  • Details

    Australian Insurance Law: A First Reference, 4th edition is a clear and concise treatment of general insurance law in Australia. It covers all the key concepts associated with general insurance law, including the unique insurance perspective on the duty of utmost good faith, conditions and warranties, causation, mitigation, subrogation and double insurance, and contribution. This text is a valuable resource for law and business students, as well as insurance lawyers and those in the wider insurance industry.

     

    Features

    • A concise discussion of the principles of general Australian insurance law
    • Insightful commentary explaining the fundamentals with references to relevant statute and case law
    • Includes digital learning materials
  • Part 1: Background
    1. Insurance: A Risk Transfer, Loss-Spreading Arrangement
    2. Dividing Insurance into Categories
    3. A Short History of Insurance
    4. Regulation of General Insurers
    5. Insurance Intermediaries
    6. Introduction to the Insurance Contracts Act 1984 (Cth)

    Part 2: Period Leading up to and Including the Formation of an Insurance Contract
    7. Utmost Good Faith
    8. Pre-contractual Disclosure
    9. Formation of an Insurance Contract
    10. Insurable Interest
    11. Duration of an Insurance Contract
    12. The Layout of an Insurance Policy: Recitals, Insuring Clause, Exclusions, Policy Terms and Definitions
    13. Construing an Insurance Contract
    14. The Nature of an Insurer’s Promise to Indemnify
    15. Causation
    16. Mitigation
    17. First Party Insurance
    18. Liability (Third Party) Insurance
    19. Some Common Policy Terms

    Part 3: The Claim
    20. Broken Promises
    21. Election, Estoppel and Abuse of Process
    22. Section 54
    23. Fraudulent Claims
    24. How Many Claims (Aggregation Clauses)?
    25. Claiming the Benefit of Another Person’s Insurance Contract
    26. Some Insurance-Related Civil Litigation Procedures

    Part 4: Recovery of an Insurer’s Loss from Third Parties and Other Insurers
    27. Subrogation
    28. The Duties Owed by a Lawyer when Retained by an Insurer
    29. Double Insurance and Contribution

  • Greg Pynt currently practises as a barrister and is a Visiting Fellow at the University of Western Australia, where he has coordinated and lectured in insurance law in the Faculty of Law at undergraduate and postgraduate level since 1991. He won the Australian Insurance Law Association Insurance Prize in 2000 and is an AILA Honorary Life Member. Greg is also the General Editor of the Insurance Law Journal, published by LexisNexis.

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