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Details
Now in its Fifth Edition, Insurance Claims by Alison Padfield QC is a practitioner focused text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is an indispensable resource for those involved in the daily application of the law, whether as solicitors, barristers or insurance claims handlers.
With significant developments in insurance law and a multitude of cases since the Fourth Edition, the new Fifth Edition:
- Covers cases on the Insurance Act 2015, the Third Parties (Rights Against Insurers) Act 2010, and the Consumer Insurance (Disclosure and Representations) Act 2012
- Examines recent decisions of the Supreme Court, including The Financial Conduct Authority v Arch Insurance (UK) Ltd (the 'FCA Test Case') [2021] UKSC 1, and Privy Council, and also those handed down by the Court of Appeal
- Is fully updated with coverage of all significant recent decisions
- Covers claims against insurers and insurance brokers
- Explains the meaning of terms and concepts in plain English, making it accessible to lawyers and non-lawyers alike
Cases in the Supreme Court and Privy Council added since the last edition include:
- The FCA Business Interruption Insurance Test Case [2021] UKSC 1 – construction of insurance contracts, causation including proximate cause & business interruption insurance
- Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48 – principles governing recusal of arbitrators where multiple arbitrations with same or overlapping subject matter
- Aspen Underwriting Ltd v Credit Europe Bank NV (The Atlantik Confidence) [2020] UKSC 11 – jurisdiction under Brussels Regulation (Recast)
- Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 – non-party costs orders against liability insurersPerry v Raleys Solicitors [2019] UKSC 5 – professional negligence damages
- Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The B Atlantic [2018] UKSC 26 – construction of insurance contracts & exclusion clauses
- Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses
- Gard Marine & Energy Ltd v China National Chartering Co Ltd [2017] UKSC 35 – waiver of rights of subrogation
- AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses
- Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd [2017] UKPC 10 – construction of contractors' all risks policy
- Impact Funding Solutions Ltd v Barrington Services Ltd [2016] UKSC 57 – construction of insurance contracts & scope of cover/exclusion clauses
Significant Court of Appeal decisions added for this new edition include:
- Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 – reinstatement/betterment in property damage insurance
- Manchikalapati v Zurich Insurance Plc [2019] EWCA Civ 2163 - construction of building guarantee insurance
- Euro Pools plc v Royal & Sun Alliance plc [2019] EWCA Civ 808 – notification of claims in professional indemnity insurance
- Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 – reinsurance of 'Fairchild enclave' employers' liability claims
- Allianz Insurance Plc v Tonicstar Ltd [2018] EWCA Civ 434 – qualification of arbitrators
- Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 – aggregation clauses
- Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – insurance claims conditions and 'duty to speak' estoppel
- AXA Versicherung Ag v Arab Insurance Group [2017] EWCA Civ 96 – pleading & proving inducement
- W R Berkley Insurance (Europe) Ltd v Teal Assurance Co Ltd (No 2) [2017] EWCA Civ 25 – liability insurance & ascertainment of loss
- Zurich Insurance plc v Maccaferri [2016] EWCA Civ 1302 – notification of claims
A wealth of Commercial Court and Technology and Construction Court decisions are also covered, along with selected decisions from other jurisdictions including Scotland, Australia and New Zealand which are likely to be of interest to practitioners in England and Wales.
Written by Alison Padfield QC, an authoritative author with extensive experience in insurance law, the new Fifth Edition will appeal to insurance lawyers, both solicitors and barristers in practice and in-house, insurance professionals, eg claims handlers and brokers, and insurance law students.
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Chapter 1: The basics
Chapter 2: The claimant
Chapter 3: The contract of insurance
Chapter 4: Causation of loss
Chapter 5: Proof of loss
Chapter 6: Measurement of loss
Chapter 7: Presentation of claims
Chapter 8: Claims handling
Chapter 9: Insurance litigation
Chapter 10: Alternatives to litigation
Chapter 11: Insurers' defences
Chapter 12: Subrogation
Chapter 13: Double insurance and contribution
Chapter 14: Reinsurance
Chapter 15: Conflict of laws
Chapter 16: Claims against insurance brokers
Chapter 17: Specific types of insurance
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“A brilliant, informative book. The index and the footnotes, both key ports of call for the busy practitioner, are especially wonderful. Extraction of desired information and even answers is, as evidently intended by the author, made both swift and simple. I love this book.” – Maryon Wynter Chambers
“It is extremely welcome to find a book addressing the law of insurance in which clear and succinct answers can readily be found” – Colin Edelman, QC, Foreword to the 3rd Edition
“...this is one of the most useful textbooks on insurance law and probably the first one I will be referring to in its subject area” – Jonathan Goodliffe (Review of a previous edition), BILA Journal
“...an excellent guide for those of legal and other backgrounds who are involved or even interested in the insurance world...I would suggest that this book be essential reading for legal practitioners, given insurance issues affect all of us. It should be required reading for insurance industry personnel...even lay people purchasing or holding a policy would find this book of great value.” – Biran Risman (Review of a previous edition, The Law Journal UK
