MacGillivray on Insurance Law, 15th Edition

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MacGillivray on Insurance Law, 15th Edition

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MacGillivray on Insurance Law is the established authority on non-maritime commercial insurance and risk. For over one hundred years it has been a trusted text for providing comprehensive and clear guidance through its examination of the most recent cases and legislative developments.

This new edition brings you up-to-date with the latest and most significant new case law over the past year, with updated commentary to the text reflecting key developments including:
- A major reorganisation of the chapters on good faith
- New commentary on the Supreme Court ruling in FCA v Arch on business interruption cover claims resulting from COVID-19 and its impact on causation
- Addresses the impact of Brexit on jurisdiction and choice of law as well as insurance regulation, including changes to the PRA and FCA rules
Covering general principles, particular classes of business and the parties involved, it is a must-have title for anyone seeking advice on insurance law.
- Comprehensive guidance on non-maritime commercial insurance and risk through the analysis of cases and legislation
- Detailed explanation of the general principles and rules concerning commercial insurance, risk, and loss
- Covers different classes of business including life insurance, personal accident policies, property, motor vehicle and aviation
- Looks at the parties involved with chapters on insurance companies, Lloyd’s policies and the role of agents
- Examines the rules on the formation, drafting and termination of insurance contracts
- Explains the key principles of good faith, warranties and the duty of disclosure
- Advises on the Insurance Act 2015, the changes to the law and the consequences for disputes concerning the new law
- Defines insurance and insurable interest
- Looks at issues of fraud, misrepresentation, and non-disclosure by third parties
- Outlines how insurance policies are constructed while explaining the meaning of words and addressing inconsistencies in phrasing
- Covers the rules of payment, renewal and non-payment of premiums
- Analyses the rights of two or more insurers and third-party rights
- Comparison of English law with Scotland, the USA and the Commonwealth
Section I: 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 & Representations) Act 2012
20 The Insurance Act 2015
21 The Loss
22 The Claimant
23 Reinstatement
24 Subrogation
25 Rights of Two or More Insurers

Section II: Particular Classes of Business

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

Section III: Parties

36 Insurance Companies
37 The Course of Business at Lloyd’s
38 The Role of Agents in Insurance Business
John Birds
John Birds is Emeritus Professor at the University of Manchester and Honorary Professor at the University of Sheffield.
Previously he was Professor of Commercial Law at the Universities of Sheffield (1989- 2006) and Manchester (2006-2011). He is a leading authority on company law and insurance law, having published widely in both areas and has acted as consultant to government and private bodies.
His publications include Modern Insurance Law (9th edition, 2013) and he is one of the editors of Principles of European Insurance Contract Law (2nd edition, 2015). 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 has co-authored MacGillivray since the 11th edition.

Ben Lynch
Ben is ranked as a leading junior in insurance, professional negligence, commercial dispute resolution and telecommunications. Ben regularly appears (both alone and being led) in the Commercial Court, other divisions of the High Court, the Competition Appeal Tribunal, the Court of Appeal, Arbitrations and Mediations. Ben has worked on MacGillivray since the 11th edition.