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Research Handbook on International Insurance Law and Regulation 2nd Edition

Research Handbook on International Insurance Law and Regulation 2nd Edition

Author: Julian Burling; Kevin Lazarus
Publisher: Edward Elgar Publishing
ISBN: 9781802205886

Previous Edition ISBN: 9781849807883
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 4,108.00

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This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.

Produced in association with Lloyd’s of London, chapters provide in-depth studies on key areas including judicial interpretation of insurance contract clauses and transnational regulatory recognition, as well as overviews on important international jurisdictions such as the EU, Japan and the US. This comprehensive second edition critically analyses how insurance law and regulation have responded to the growth in sophisticated technology, the burgeoning climate crisis, and the development of new insurance structures.

This Research Handbook will appeal to legal students and academics, particularly those with an interest in commercial law, finance and banking law, and insurance law. This book will also be beneficial for policymakers and private practice lawyers working in the commercial legal sector.

Foreword xii

Introduction to the second edition xiv

Introduction to the first edition xxv

PART I. INSURANCE CONTRACT LAW

The shape of insurance contract law 2

James Davey

Methodology: how a law and economics approach has shaped insurance law 24

Peter Molk

Definition: the general and the parametric 36

Laura Burgoyne

Pre-contractual duties: the fair presentation of the risk – an English law approach 76

Peter MacDonald-Eggers KC

Contract terms: judicial approaches to the interpretation of insurance contracts 103

Oliver Brand

Claims: an overview of the US tort of ‘bad faith’ – a common law approach to regulating insurer claims-handling and settlements 133

Suzanne C. Midlige and William J. Metcalf

Reinsurance: finding the balance between reinsurers’ and reinsureds’ interests 165

Michael Mendelowitz and Rob Merkin KC

Closing books of business: the challenge of fairness and finality 192

Bob Haken and Simon Baker

Choice of law: New York and English approaches to insurance and reinsurance contracts 221

Raymond Cox KC

PART II. INSURANCE REGULATION

10.

An introduction to insurance regulation 247

Peter Kochenburger and Patrick Salve

11.

Systemic risk regulation: evolving approaches in insurance 281

Jeremy C. Kress, Patricia A. McCoy and Daniel Schwarcz

12.

Competition: the insurance sector and the application of competition law – an overview 308

Edward W. Batchelor

13.

Transnational supervisory recognition: a macro-jurisdictional overview 342

Hermann Geiger

14.

Prudential supervision: capital standards in a risk-based solvency regime 367

Karel Van Hulle

15.

Conduct of business regulation: a survey of the UK regime and a comparison with the US, German, French and Hong Kong approach 404

James Smethurst, Wessel Heukamp, Marc Perrone, Matthew O’Callaghan, Priti Lancaster and John Mulhern

16.

Enforcement: a survey of the approaches taken to insurance regulatory enforcement in the United States of America and in the United Kingdom 438

Aviva Abramovsky, Dan D. Kohane, Farhaz Khan KC and Paul Bonner Hughes

17.

Lloyd’s: the authorisation of Lloyd’s in the United Kingdom and overseas 467

Julian Burling

18.

Lloyd’s: the development of performance management 499

Kevin Lazarus

PART III. DEVELOPING AREAS OF INSURANCE LAW AND REGULATION

19.

Alternative risk transfer: insurance linked securities – their evolution, structures and regulation 523

Joseph Ferraro, Jennifer Tait and David Griffiths

20.

Sustainability: the climate and nature crisis – a leadership role for insurance 551

Geoff Summerhayes, Laura Waterford, Nigel Brook, Wynne Lawrencea, and Zaneta Sedilekova

21.

Data: the growth of risk-related data in insurance and protecting privacy 590

Brendan McGurk

22.

Smart contracts: balancing innovation and consumer protection in insurance law and regulation 621

Miriam Goldby and Jeremmy Okonjo

23.

Artificial intelligence: attempts at developing an ethical approach for its use in insurance 647

Anya Prince and Seamus Taylor

PART IV. REGIONAL STUDIES IN INSURANCE LAW AND REGULATION

24.

Europe: the architecture and content of EU insurance regulation 675

Robert Purves

25.

USA: A regulatory overview of the world’s largest insurance market 708

John Mulhern, Sara Manske and Robert Mancuso

26.

Bermuda: regulating big insurance on a small island 728

Alex Potts KC and Jonathon O’Mahony

27.

United Arab Emirates: developing insurance on the Arabian Peninsula 759

Sam Wakerley, John Barlow, Thomas Neighbour and Shane Gibbons HFW

28.

China: insurance regulation in a rapidly evolving market 787

Carrie Yang

29.

Japan: the insurance concept in the Insurance Act and the Insurance Business Act 810

Seiichi Ochiai, Shinichi Takahashi and Ryoko Takeda

30.

The Republic of Korea: an overview of insurance law and regulation 835

Jae Hong Ahn, Partner, Kim, Chang, Sung Woo Huh, Kim Chang and Younghwa Paik

Index 856

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