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Property Insurance Claims - Law and Practice 4th Edition

Property Insurance Claims - Law and Practice 4th Edition

Author: Malcolm Hyde; Graham Bartlett
Publisher: Witherby Seamanship International
ISBN: 9781914992230

Previous Edition ISBN: 9781856094061
Published In: June 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

S$340.48

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Description
Contents

Details

This book provides comprehensive information on property insurance claims and how best to apply the principles of insurance. It considers the fundamental elements of the law and practice of loss adjusting in a form that promotes the study of the profession of a loss adjuster.

The book sets out the principles of insurance law, the parties involved in insurance policies/claims and important policy considerations, including insurable interest, perils, disclosure, warranties and conditions. Matters following a loss are also covered, such as causation, underinsurance, contribution, measurement of loss, subrogation and fraud.

The text includes sample calculations as well as relevant case law and statutes.

Foreword

Preface

Profile

List of Cases

Abbreviations

1. Principles of Insurance Law

1.1 Sources of English Law

1.2 The Rules of Statutory Interpretation Common Law

1.3 The Interpretation of Contracts

1.4 Legal Personality

2. The Parties

2.1 The Policyholder

2.3 Insurance Companies and Regulatory Bodies

2.4 Lloyd’s of London

2.5 Co-insurers

2.5 Reinsurers

2.6 Insurance Brokers/Intermediaries

2.7 Underwriting Agencies

2.8 The Financial Conduct Authority (FCA)

2.9 Financial Ombudsman Service (FOS)

2.10 Loss Adjusters

2.11 Loss Assessors

2.12 Lawyers

2.13 Supply Chain

2.14 Association of British Insurers (ABI)

2.15 British Insurance Brokers Association (BIBA)

2.16 AIRMIC

2.17 The Chartered Insurance Institute (CII)

2.18 The British Damage Management Association (BDMA)

3. Agents and Brokers

3.1 The Role of the Intermediary

3.2 Intermediaries in Non-consumer Insurance

3.3 Intermediaries in Consumer Insurance

3.4 Intermediary Fraud

4. Insurable Interest and Indemnity

4.1 Insurable Interest

4.2 The Insurable Interest of Co-insureds

4.3 Landlord and Tenant

4.4 Bailor and Bailee

4.5 Mortgagor and Mortgagee

4.6 Buyers and Sellers of Goods

4.7 Indemnity

5. Perils

5.1 Fire

5.2 Lightning

5.3 Explosion

5.4 Riot

5.5 Malicious Damage

5.6 Escape of Water

5.7 Escape of Fuel Oil

5.8 Storm

5.9 Flood

5.10 Accidental Damage to Underground Services

5.11 Theft

5.12 Accidental Damage

5.13 Subsidence, Heave and Landslip

5.14 Cyber

6. Disclosure in Commercial Contracts

6.1 Utmost Good Faith

6.2 The Duty of Fair Presentation Under the Insurance Act 2015

6.3 Material Circumstance

6.4 Circumstances Material to the Physical Hazard

6.5 Circumstances Material to the Moral Hazard

6.6 Transparency

6.7 The Insurer’s Remedies for Breach of Duty of Fair Presentation

6.8 Loss of the Right to Avoid the Policy

6.9 Financial Ombudsman Service (FOS)

7. The Duty of Disclosure in Consumer Contracts

7.1 Consumer’s Duty of Disclosure

7.2 Section 2, CIDRA: Disclosure and Representations before Contract or Variation

7.3 Careless Misrepresentation

7.4 The Financial Ombudsman Service (FOS)

8. Warranties and Conditions

8.1 Definitions

8.2 Warranties

8.3 Conditions

9. Underinsurance and Contribution

9.1 Introduction

9.2 Underinsurance in Practice – Domestic

9.3 Underinsurance – Commercial

9.4 Protection Against Underinsurance

9.5 Double Insurance and Contribution

9.6 Policy Conditions

9.7 Apportionment in the Event of Contribution

10. Causation

10.1 Proximate Cause and the ‘But For’ Test

10.2 Dual or Multiple Causes

10.3 All Risks and Accidental Damage Cover

10.4 Burden of Proof

11. Measurement of the Loss and Validation

11.1 Introduction

11.2 Buildings

11.3 How to Measure the Loss – Commercial

11.4 Basis of Settlement

11.5 How to Measure the Loss – Domestic

11.6 Reserve for Insurers

12. Subrogation

12.1 Definition

12.2 Conditions Precedent to Exercise of Rights of Subrogation

12.3 Subrogation Conditions

12.4 Exclusion of Subrogation

12.5 Reporting to Insurers

12.6 The Policyholder

12.7 Gathering Evidence

12.8 Pursuing the Recovery

13. Fraudulent Claims

13.1 The Duty not to Make a Fraudulent Claim

13.2 Definition of Fraud

13.3 The Insured’s State of Mind and the Requirement for Dishonesty

13.4 The Burden and Standard of Proof

13.5 Inducement

13.6 Retraction

13.7 The Effect of Termination under s.12(2) of the Insurance Act 2015

13.8 Group Insurance

13.9 Claims Underwriting Exchange

13.10 Chartered Institute of Loss Adjusters Anti-Fraud Special Interest Group

13.11 The Insurance Fraud Bureau

13.12 Ghost Brokers

13.13 Other Considerations

14. Privilege and Disclosure

14.1 Disclosure and Inspection in Litigation

14.2 The Right to Confidential Legal Advice

14.3 Legal Advice Privilege

14.4 Litigation Privilege

14.5 The Without Prejudice Rule

15. The Welfare of the Customer and Loss Adjuster

15.1 Vulnerable Customers

15.2 Other Persons Making Claims

15.3 The Welfare of the Loss Adjuster

15.4 Lone Working

15.5 Violence in the Workplace

A1. Property Damage Wording – Training Purposes Only

A2. The Charter

A3. Bye-Laws

A5. CDM Regulation

A6. Guidance on Asbestos

Index

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