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The Law of Liability Insurance, 4th Edition (Volumes 1 and 2)

The Law of Liability Insurance, 4th Edition (Volumes 1 and 2)

Author: Derrington, D; Ashton, R
Publisher: LexisNexis Australia
ISBN: 9780409357035
Published In: December 2024
Format: Paperback (2 volumes)
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

This 4th edition of this two-volume work generally follows the structure of earlier editions which has been found to be efficient. After a short history of the subject, it analyses the basic principles of insurance law insofar as it has been found relevant to this form of cover. This is followed by an intensive study of the principle of construction of commercial, particularly insurance, contracts, and of statutory interpretation.

Next is a study of the doctrine of utmost good faith, generally but with particular reference to liability insurance, followed by a chapter relating to the proposal, with emphasis on the law relating to Fair Trading.

The work then turns to the policy, first a policy of interim insurance, and then to the nature, scope and purpose of a liability insurance policy, with particular attention to detailed issues that generally arise in respect of this form of cover. It is followed by an analysis of conditions and exclusions, both generally and in respect of all the particular clauses usually found in such policies.

The work then becomes more specific in its attention to the many particular sub-species of liability insurance, and their specialised terms and conditions.

On this foundation, there is then an investigation of the effect of general principles of equity and the like, such as Election, Waiver, estoppel, res judicata and privity of contract.

Finally, a chapter is devoted to substantive issues and those of practice and procedure which are abundantly found in litigation between the various parties who are engaged, directly or indirectly, in disputes related to this form of insurance. Topics include such matters as direct action by a claimant against an alleged wrongdoer’s insurer, subrogation, and a claim between co-insurers of a common insured for contribution in respect of indemnity provided by one of them.

Features

The former structure has been somewhat revised for greater convenience to the reader, but the major change from the former edition lies in the updating of case law in respect of important refined detail where that has been the subject of further judicial attention, and the inclusion of commentary on it. This does not involve expansive theoretical discussion, but rather constitutes a focused exegesis with reference to the authority, and a short practical explanation of the more persuasive reasoning involved.

Chapter 1: Liability Insurance
Chapter 2: The Contract of Insurance
Chapter 3: Construction
Chapter 4: Utmost Good Faith and Disclosure
Chapter 5: The Proposal and Misrepresentation
Chapter 6: Interim Cover
Chapter 7: The Policy
Chapter 8: The Cover
Chapter 9: Conditions
Chapter 10: Exclusions
Chapter 11: Special Forms of Insurance Cover
Chapter 12: Election, Waiver and Estoppel
Chapter 13: Actions Between Parties

The Honourable Dr Desmond Derrington QC began his career in 1945 as a 14-year-old clerk in the Public Curator's Office, retired earlier this year as a Justice of the Supreme Court of Queensland and is now an Adjunct Professor in the University of Queensland's T.C. Beirne School of Law. A University of Queensland graduate, he was admitted to the Bar in 1954, took silk in 1974 and became a Queensland Supreme Court Judge in 1982. His service includes the Land Appeals Court (president 1985-87), the Medical Assessment Tribunal (1988-89), the Election Tribunal (1990) and the Mental Health Tribunal (president 1992-94).

Ronald Shaw Ashton practiced law at Minter Ellison for 25 years (during which time he headed the Insurance and Corporate Risk Group and was Senior Partner and Chairman of partners in Queensland), Ron Ashton commenced practice at the Bar in 2005 where he now has a busy practice dealing predominantly with insurance and commercial matters.