Insurability of Emerging Risks: Law, Theory and Practice

Author: Baris Soyer; Ozlem Gurses
Publisher: Hart Publishing
ISBN: 9781509978755

Published In: June 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509978717

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Description
Contents

Details

This book brings together leading experts in the fields of insurance and the law of obligations to consider how insurance law is attempting to deal with emerging risks.

Emerging risks pose significant challenges for the insurance industry. Apart from difficulties in quantifying such risks, the availability of insurance capacity is often a concern. The book looks at these issues from philosophical, economic, and actuarial perspectives. It asks how far existing private law rules can cope with emerging risks, and in so far as they cannot, how the law should be developed by courts and lawmakers to deal with the emerging legal issues. The book questions the suitability of the current insurance business models in insuring climate-related risks, autonomous systems, insurance of fines and penalties; and how mass or systemic risks (eg pandemics or cyber risks) can be made insurable through 'add on' coverages to the conventional insurance policies. It also discusses how a balance can be struck between the need to regulate and the needs of market participants.

The book will be of academic interest to anyone working in the field of insurance and also relevant for market participants, policy-makers and regulators.

Introduction - Setting the Scene, Baris Soyer (Swansea University, UK) and OEzlem Gurses (King's College London, UK)

Part I: Conceptual, Theoretical and Regulatory Issues

1. The Role of Governments in Closing the Potential Coverage Gaps, OEzlem Gurses (King's College London, UK)

2. Safety In Numbers: Toward More Comprehensive Approaches to Difficult Risks, Erik S Knutsen (Queen's University, Canada) and Jeffrey W Stempel (William S. Boyd School of Law, USA)

3. Natural Disasters, Tech Revolution and the Role of the Solidarity Principle in Insurance, Baris Soyer (Swansea University, UK)

4. Regulating AI in Insurance: An 'All Risks' Approach, Roger Brownsword (King's College London, UK)

5. Insurance, Risk and Innovation: Must Unknowable Mean Uninsurable? Andrew Tettenborn (Swansea University, UK)

6. The Insurability of Fines and Penalties, Peter MacDonald Eggers KC (7 KBW, UK)

Part II: Insuring Various Emerging Risks - Environmental Risks

7. The New Zealand Experience of Insuring against Natural Catastrophes, Robert Merkin (University of Reading, UK)

8. The Big Wind Blows on far North Queensland, Fred Hawke (Clayton UTZ, Australia)

9. Climate Litigation Risk for Insurers, Livashnee Naidoo (University of Glasgow, UK)#

Part II: Insuring Various Emerging Risks - Technology-related Risks

10. Tort and Autonomous Vehicle Accidents - The Automated and Electric Vehicles Act 2018 and the Insurance Solution? Phillip Morgan (University of York, UK)

11. The Changing Landscape of Professional Liabilities, Gary Meggitt (University of Hong Kong)

12. Improving Insurability of Emerging Risks - The Example of Nanotechnology, Christian Armbruster (Freie Universitat Berlin, Germany)

13. Exploring the Insurance and Liability Implications of Using Remotely Piloted Aircraft Systems (RPAS) in Urban Environments, George Leloudas (Swansea University, UK)

Conclusion, Baris Soyer (Swansea University, UK) and OEzlem Gurses (King's College London, UK)