It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
Insurance and the Law of Obligations
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law.
Each state's coverage laws are examined under the following headings: The contract of insurance; Procedural considerations; Construction and interpretation; Extent of risks and coverage; Rights and obligations of the parties; Insurer's duty ...
This guide to the law of insurance contracts is now presented in looseleaf format, aiming to make it easy to find answers to contract problems and to allow the information...
Good laws and regulation benefit the market and its customers. Bad laws and regulation do the opposite. This book is required reading for all involved in the reform process.
Providing a comprehensive overview of the body of law that regulates the insurance business, this Advanced Introduction evaluates the governing principles, policies, values, and purposes of insurance legislation and related judicial ...
This treatise explains how certain principles or doctrines such as insurable interests, designation of insurers, and risk transference apply to property, life, liability, or other types of insurance. It also...
The Insurer's Pre-Contractual Information Duties in General Consumer Insurance Leander D. Loacker ... their Application to Insurance Contracts for Large Risks (Dike, Zurich 2013) JEFFREY W. STEMPEL, Stempel on Insurance Contracts: Vol 1 ...
Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities.
Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities.