Home >
Law >
Insurance Law >
MacGillivray on Insurance Law, 12th Edition

MacGillivray on Insurance Law, 12th Edition

Author: Professor John Birds; Ben Lynch; Simon Milnes
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414024458
Published In: September 2012
Format: Hardback
Jurisdiction: Commonwealth, European Union, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author

Details

Essential for insurers and their brokers, MacGillivray on Insurance Law is a classic work which deals with insurance risks and takes into account the key legislative developments and judicial decisions in this area.

The 12th Edition will bring this well-regarded work up to date and marks the 100th anniversary since the first edition. It provides you with analysis of essential cases from the insurance sector and includes a wide range of authorities, comparing English law with its Scottish, US and Common wealth counterparts providing you with a clear understanding of the key themes. It also deals with the new law under the Consumer Insurance (Disclosure and Representations) Act 2012 and considers the latest restructuring of the FSA and Bank of England, looking at the shift of responsibilities.

The cornerstone of insurance law, and part of Sweet & Maxwell’s Insurance Practitioner’s Library, this title is regularly cited in court and relied upon as a trusted authority. You wouldn’t want to practice without it.

Provides a valuable reference that aids a thorough understanding of the principles of insurance law and its applications in practice
Takes the reader through the definition of insurable interests, the construction of an insurance policy, the formation of an insurance contract, and the relevant premiums and policy risks under particular contracts
Looks at good faith and disclosure, misrepresentation, fraudulent activity, subrogation and where more than two insurers rights are involve
Considers the separate classes of insurance, including: life, personal accident, property, motor and aviation
Covers insurance against pecuniary loss, contractors’ risks policies and the basic principles of reinsurance law
Analyses the different parties which can be involved in an insurance transaction, and how the process works, in particular with regard to Lloyds
Discusses the roles of agents in insurance
Divided into 3 sections for ease of reference

Legislation covered includes:
The Consumer Insurance (Disclosure and Representations) Act 2012
The Equality Act 2010 – equality
Third Parties (Rights Against Insurers) Act 2010
Financial Services Bill

New case law covered includes:
Re Digital Satellite Warranty Cover Ltd – meaning of insurance and scope of regulation
Lucasfilm Ltd v Ainsworth – CA and Supreme Court – conflict of laws
Delaney v Pickett – illegality
Arash Shipping Enterprises Co Ltd v Groupama Transport – illegality
Mitchell v Hiscox Underwriting Ltd – misrepresentation
Seashell of Lisson Grove Ltd v Aviva Insurance Ltd – misrepresentation
FoodCo UK LLP (t/a Muffin Break) v Henry Boot Developments Ltd – non-disclosure
Beazley Underwriting Limited v The Travelers Companies Incorporated - causation
Sutherland Professional Funding Ltd v Bakewells - causation
Omega Proteins Ltd v Aspen Insurance UK Ltd – causation and exclusions from cover
Fosse Motor Engineers Ltd v Conde Nast & National Magazine Distributors Ltd – causation
Yeganeh v Zurich Plc - causation
Milton Keynes Borough Council v Nulty – causation
Ramco (UK) Ltd v Weller Russell & Laws Insurance Brokers Ltd – broker’s duty regarding cover for bailee’s interest
Ward v Norwich Union Insurance Ltd – meaning of ‘accidental’ death in PI policies
Pratt v Aigaion Insurance Co S.A. (The Resolute) – construction of warranties in property cover
A. C. Ward & Son Ltd v Catlin (Five) Ltd (No. 2) – construction of warranties in property cover.
Omega Proteins Ltd v Aspen Insurance UK Ltd – liability insurance
Standard Life Assurance Ltd v ACE European Group – liability insurance
Durham v BAI – employers’ liability insurance
Pryor v Chief Constable of Greater Manchester Police – motor insurance
Churchill Insurance Co. Ltd. v Wilkinson, Evans v Equity Claims Ltd – motor insurance

The most recent reform proposals from the Law Commission in Consultation Paper (Law Com LCCP No.201/SLCDP No.152): “Insurance Contract Law: Post Contract Duties and Other Issues”

Section 1: General Principles

1. Nature of Insurance and Insurable Interest
2. Formation of the Contract
3. Form of the Contract
4. The Period Prior to Issue of the Policy
5. Execution and Delivery of Policy
6. Commencement and Termination of Risk
7. Payment of Premium
8. Return of Premium
9. Salvage Premiums
10. Warranties and Other Policy Terms
11. Construction of Policies
12. Rectification
13. Conflict of Laws
14. Illegality
15. Mistake
16. Misrepresentation
17. Good Faith and the Duty of Disclosure
18. Fraud, Misrepresentation and Non-Disclosure by Third Parties
19. Consumer Insurance (Disclosure and Representations) Act 2012
20. The Loss
21. The Claimant
22. Reinstatement
23. Subrogation
24. Rights of Two or More Insurers

Section 2: Particular Classes of Business

25. Life Insurance
26. Personal Accident Policies
27. Property Insurance: Fire Policies
28. Property Insurance: Other Insurances on Property
29. Third Party Risks
30. Motor Vehicle Insurance
31. Aviation Insurance
32. Insurance Against Pecuniary Loss
33. Contractors’ Risks Policies
34. Reinsurance

Section 3: Parties

35. Insurance Companies
36. The Course of Business at Lloyd’s
37. The Role of Agents in Insurance Business

Professor John Birds

John Birds is Emeritus Professor at the University of Manchester and Honorary Professor at the University of Sheffield. Previously he had been Professor of Commercial Law at the University of Sheffield since 1989, moving to Manchester University in 2006.

He is known as a leading authority on company law and insurance law, having published many books, articles and book chapters in both areas and holding editorial positions in leading company and commercial law journals, including The Company Lawyer and The Journal of Business Law. He has lectured widely on both subjects, both in the UK and abroad, including in recent years at the University of Sydney, the National University of Singapore, the University of Nancy and the Korea Stock Exchange. He has acted as consultant to government and private bodies. In 1991, he was elected as a Fellow of the Royal Society of Arts. He has been a member of the Training Committee of the Law Society, was a member of the Law Panel for the Research Assessment Exercise 2001and a member of the Law Sub-Panel for the Research Assessment Exercise 2008 and in 2003-04 was President of the Society of Legal Scholars. He is also a member of the Project Group for the Restatement of European Insurance Contract Law. He has been an editor of MacGillivray since the 8th edition.

Simon Milnes

Simon is a member of 20 Essex Street chambers (call 2005) and has undertaken a wide variety of commercial cases, primarily in international trade, banking and finance, derivatives and insurance. Simon is currently based at 20 Essex Street’s international arbitration annexe in Singapore. He co-authored the First and Second Supplements to the 11th Edition of MacGillivray.

Ben Lynch

Since joining Devereux Chambers in 2003, Ben has undertaken a wide variety of commercial cases, primarily in insurance, reinsurance, professional indemnity, and telecommunications disputes. Ben regularly appears (both alone and being led) in Commercial Court (and other High Court) cases, the Competition Appeal Tribunal, Arbitrations and Mediations. Ben is ranked in the leading directories in all of his major areas of work. Ben worked on the Second Supplement to the 11th edition of MacGillivray.