Law Insurance Law

Double Insurance and Contribution

By Nisha Mohamed
Informa Law August 2018

Specifications

ISBN-13
9781138944732
Publisher
Informa Law
Publication
August 2018
Format
Hardback , 231 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Double insurance can have major consequences for an assured party, as it carries a risk of rendering some policies invalid. This book deals in depth with the issue of double insurance, and helps the reader to better understand their options when selecting insurance policies for themselves or their clients.

The book begins by looking at the history and development of the law of insurance, outlining how the law relating to double insurance has developed and the factors that courts may take into account when deciding such issues. It then covers contemporary instances of double insurance looking at:

  • relevant clauses (rateable proportion, exclusion, excess and escape)
  • attempts to limit or exclude liability by the assured
  • insurer pay-outs
  • court decisions in various jurisdictions

This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.

Table of Contents

Part A Double Insurance
Chapter 1. Double Insurance
Chapter 2. The Rights of an Assured
Chapter 3. Legislative Provisions - Section 45 Insurance Contracts Act 1984 Part B Contribution
Chapter 4. The Meaning of Contribution
Chapter 5. When the Right of Contribution Arises
Chapter 6. The Rights Of An Insurer To Seek Contribution And Enforcement
Chapter 7. Asbestos Litigation from an Insurance Perspective
Chapter 8. Contribution under Common Law and Its Equitable Position

About the Author

Dr Nisha Mohamed’s practice includes a wide variety of civil and commercial matters, including insurance, trusts, probate and tax. Dr Mohamed has a particular interest and focus on insurance-related matters. She frequently advises policyholders and insurers. Other matters she advises on include:

  • disputes between insurers and policyholders regarding policy wordings;
  • matters relating to D&O liability insurance; and
  • double insurance.

Dr Mohamed has handled numerous first instance and appellate level cases, including High Court trials and appeals in the Court of Appeal and Court of Final Appeal. Dr Mohamed completed six months' pupillage in a specialist construction and arbitration chambers in London. She is called to the Bar of England and Wales.

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