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Policies and Perceptions of Insurance Law in the Twenty First Century

Policies and Perceptions of Insurance Law in the Twenty First Century

Author: Malcolm Clarke
Publisher: Oxford University Press
ISBN: 9780199273300
Published In: October 2005
Format: Hardback , 408 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

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Examines topical issues including the importance of effective insurance contracts
Challenges the assumption that the law of insurance differs greatly from other areas of law
Selective comparisons to Civil and Common law jurisdictions

New to this edition

This work is the successor to Policies and Perceptions of Insurance: An introduction to Insurance Law, which amplifies and updates the themes developed there.

In this book, Professor Malcolm Clarke provides a critical introduction to the English law of insurance contracts and presents the rules in both their legal and socio-economic contexts. He sets out the principles in a clear manner, moving on to develop the implications of certain rules in order to examine the importance of effective insurance and effective insurance law in modern society.

Comparative reference is made to the corresponding rules in common law countries and also in major jurisdictions in western Europe, providing a thought-provoking wider view of the relevant law.

The author illustrates the different perceptions of insurance and of insurance contract law that are to be found amongst lawyers, insurers, and policy-holders. In particular, Clarke argues that the perception of many people, and also not least of many judges, is that if any dispute arises with insurers, insurers have an unfair advantage under the law. Moreover, this is in fact usually the case, if insurers choose to use their advantage.

Whilst presenting the rules of insurance contract law in the wider context of contract law at large, Clarke seeks to demystify them and to challenge the assumption that insurance law is or ought to be greatly different from other parts of the law. In particular, he argues that insurance contract law should be available and intelligible to serious enquirers, lawyers, and non-lawyers alike.

Readership: Scholars and students of contract law.

1: Policyholders
2: Insurers
3: Insurance Intermediaries
4: Contracting
5: Cover
6: Insurance and Society
7: Insurance and Law
8: Insurance and Law
9: The Sequel: Perceptions of the Past and of the Future

Malcolm Clarke, Professor of Commercial Contract Law in the University of Cambridge

"A most welcome aspect of the content of the text lies in a presentation which is frequently leavened with useful comparative information from both common law and civil law jurisdictions...it is clear that there are few legal academics or law students who will not gain a significant benefit from a perusal of the contents of this valuable book." - Dr. J.M.C. Fitchen