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Insurance Disputes, 3rd Edition

Insurance Disputes, 3rd Edition

Author: The Right Honourable Lord Justice Mance; Iain Goldrein;Professor Robert Merkin
Publisher: Informa Publishing
ISBN: 9781843119579
Published In: December 2011
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Written by an impressive team of specialist contributors, Insurance Dispute 3rd edition is the authoritative guide to litigation for both the insurer and the insured. Divided into two parts principles of law and their practical use in individual types of insurance, it aims to identify and resolve questions such as:
- How should the claimant handle a dispute?
- Is the claim within the cover?
- When should an insurer dispute cover?
- What steps can an insurer take to deny cover?
Updated and revised to include new chapters on Motor insurance, marine insurance, the Financial Ombudsman Service and ATE insurance, Insurance Disputes 3rd edition is essential reading for anyone involved in insurance law and litigation.

Part One – General Contracts

1. Binding Authorities and Line Slips

2. Lloyd’s NEW CHAPTER

3. Insurable Interests

4. Defences

5. Preservation of Defences

6. Construction of the Policy

7. Loss, Causation and Burden of Proof

8. Intermediary Responsibility

9. Subrogation

10. Double Insurance

11. Insurance Litigation

12. After The Event Insurance NEW CHAPTER

13. Financial Ombudsman Service NEW CHAPTER

14. Jurisdiction and Arbitration

15. Applicable Law

16. Third Party Risks

Part Two – Specific Contracts

17. Life Assurance

18. Personal Accident

19. Commercial Risks Insurance

20. Insurance of Goods In Transit

21. Marine Insurance NEW CHAPTER

22. Insurance Against Pecuniary Loss

23. Employers’ Liability

24. Professional Liability

25. Product Liability Claims

26. Contractors/Builders/Repairers

27. Environmental Insurance in the UK

28. Reinsurance

Lord Mance

Justice of The Supreme Court, The Right Hon the Lord Mance

Lord Mance became a Lord of Appeal in Ordinary in 2005. He was from 1999 to 2005 a Lord Justice of Appeal and from 1993 to 1999 a Judge of the High Court, Queen’s Bench Division, where he handled the Commercial Court litigation regarding the Kuwait Investment Office’s investment in Grupo Torras.

Lord Mance read law at University College, Oxford, spent time with a Hamburg law firm and then practised at the commercial bar and sat as a Recorder until 1993. He chaired various Banking Appeals Tribunals and was a founder director of the Bar Mutual Indemnity Insurance Fund.

He represents the United Kingdom on the Council of Europe’s Consultative Council of European Judges, being elected its first chair from 2000 to 2003. He currently chairs the International Law Association and the Lord Chancellor’s Advisory Committee on Private International Law. He is a member of the Judicial Integrity Group and of the seven person panel set up under the Treaty on the Functioning of the European Union (article 255) to give an opinion on candidates’ suitability to perform the duties of Judge and Advocate-General of the European Court of Justice and General Court.

He served from 2007 to 2009 on the House of Lords European Union Select Committee, chairing sub-committee E which scrutinises proposals concerning European law and institutions. In 2006 he chaired a working group under the auspices of the All Party Parliamentary Group on the Great Lakes Region, recommending changes in the procedures for enforcement of the OECD Guidelines for Multinational Enterprises, and in 2008 he led an international delegation for the same Group and the Swedish Foundation for Human Rights, reporting on the problems of impunity in relation to violence against women in the Congo.

Iain Goldrein QC

Barrister specialising in family and civil; personal injury litigation (with particular reference to catastrophic injury claims); professional negligence (with particular reference to surveyors and solicitors); clinical negligence (particularly complex medical issues); product liability and multi-party actions; Insurance coverage disputes; general commercial litigation; Human Rights Act 1998; liquor and betting licensing; serious crime (complex statistical and medical evidence; cover and recording and RIPA; genetic issues). Health and safety (gross negligence, corporate manslaughter), fraud. Family – children Act (factitious induced illness; sudden death syndrome), Human fertilisation/embryology genetics, ancillary relief and negligence in family law. Also practises at 11 Stone Buildings (Chambers of Murray Rosen QC).

Called 1975; recorder; co-author of: ‘Property Distribution on Divorce’; Papers on The Human Rights Act and Family Law; Butterworths ‘Personal Injury Litigation Service’; ‘Commercial Litigation: Pre-emptive Remedies’; ‘Insurance Disputes: Structured Settlements’; ‘Ship Sale and Purchase’; ‘Bullen and Leake and Jacob’s Precedents of Pleadings’; ‘Civil Court Practice 1999’.

Member of

Mental Health Appeal Review Tribunal; Family Law Bar Association; Northern Circuit Commercial Bar Association; Personal Injury Bar Association; Professional Negligence Bar Association.

Education

Cambridge University (MA).