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The Law of Motor Insurance

The Law of Motor Insurance

Author: Professor Robert M Merkin; Jeremy Stuart-Smith, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9780421839304
Published In: September 2004
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This major new text provides a comprehensive treatment of all aspects of the law of motor insurance. Discussing the substantive law and procedural issues, it offers a detailed, one-stop reference for those dealing with motor insurance claims on a regular basis - solicitors, barristers, brokers and insurers alike.

* Complete coverage of the law relating to motor insurance - unavailable in such detail in any other text
* Discusses the basis of liability and the law of tort applicable to motor vehicle accidents
* Examines both the general principles of insurance law and the detailed specific aspects of motor insurance
* Deals with all related procedural aspects - including claims against the Motor Insurers' Bureau and using conditional fee agreements
* Covers international aspects - such as Green Cards, EC accidents, jurisdiction and choice of law

Part I: General Principles of Insurance Law
Formation of contract, cover notes, utmost good faith, conditions and warranties, causation, illegal conduct, claims, fraudulent claims, measure of indemnity, subrogation and contribution, brokers and other intermediaries

Part II: Motor Vehicle Accidents and the Law of Tort
Principles of tortious liability in general; standard of care owed by road users; measure of damages for personal injury; measure of damages for property damage; measure of damages for economic losses/business interruption; recoverability of costs of hiring replacement vehicles

Part III: Compulsory Motor Insurance
Scope of obligation to insure; terms of compulsory policies; passengers; direct action against insurers; authorised and unauthorised drivers; insolvency of assured; recoveries by social security fund; recoveries by NHS
and private hospitals

Part IV: Claims against the Motor Insurers Bureau
The nature and status of the MIB; uninsured drivers - operation of the scheme; untraced drivers - operation of the scheme; internal organisation of the MIB

Part V: Procedural issues
Motor insurance claims; conditional fee arrangements; after the event insurance; credit hire; international aspects - Green Card, EC accidents, jurisdiction and choice of law

Part VI: First Party Motor Vehicle Insurance
Coverage of policies; common exclusions; construction of policy

APPENDICES