Insurance Law A First Reference - 2nd Edition

Author: Greg Pynt
Publisher: LexisNexis Australia
ISBN: 9780409328455
Published In: October 2011
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Extensively revised and restructured, the second edition remains a compact and concise treatment of insurance law in Australia. The book clearly explains fundamental legal principles, legislation and case law and frames them in a practical business context. Written by a specialist insurance law practitioner, the work aims to answer insurance law questions and guide the reader to further texts where appropriate, making it a handy ?first reference?, perfect for both practitioners and students.

This expanded 2nd edition brings the text up to date, includes 10 additional Chapters, including a new Chapter dedicated to section 54 of the Insurance Contracts Act 1984 (Cth) and new Chapters on, the history of insurance, regulation of the general insurance industry and duties owed by insurance intermediaries.

Features

-A concise discussion of the principles of general Australian insurance law with further detailed reading references that deal with more complex issues of insurance law
-Written by an experienced insurance law practitioner and lecturer with insightful commentary explaining the fundamentals of insurance law with references to important relevant statute and case law
-Thourough coverage of topics including case law and statutes

Section I - Background

1. Insurance: A risk transfer, loss spreading arrangement

2. Dividing insurance into categories

3. A short history of insurance

4. Regulation of general insurers

5. Insurance intermediaries

6. Introduction to the Insurance Contracts Act (1984) (Cth)

Section II - Period leading up to and including the formation of an insurance contract

7. Utmost good faith (uberrima fides)

8. Non-disclosure and misrepresentation

9. Formation of an insurance contract

10. Insurable interest

11. Duration of an insurance contract

12. Layout and terms of an insurance contract

13. Construction of the provisions of an insurance contract

14. The nature of an insurer?s promise to indemnify

15. Causation

16. First party insurance

17. Liability (third party) insurance

Section III - The claim

18. An insurer's obligation to pay within a reasonable time, and interest

19. Election (waiver), estoppel, res judicata and abuse of process

20. Section 54 of the Insurance Contracts Act (1984) (Cth)

21. Fraud

22. One or more claims

23. Claiming the benefit of someone else?s insurance contract

24. Some civil litigation procedural matters directly relevant to insurance

Section IV - Recovery of an insurer?s loss from third parties and other insurers

25. Subrogation

26. The duties owed by a solicitor acting for an insured on an insurer,s instructions

27. Double insurance and contribution

Greg Pynt is a partner at Pynt and Partners, Perth and a Visiting Fellow, Faulty of Law, University of Western Australia. He has practised extensively in insurance and tort law in Australia and the United Kingdom and has published in a number of academic journals and loose-leaf publications.