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Australian Insurance Law: A First Reference, 2nd Edition
Extensively revised and restructured, the second edition
remains a compact and concise treatment of insurance
law in Australia. The book clearly explains fundamental
legal principles, legislation and case law and frames them
in a practical business context. Written by a specialist
insurance law practitioner, the work aims to answer insurance
law questions and guide the reader to further texts where
appropriate, making it a handy 'first reference', perfect for
both practitioners and students.
This expanded 2nd edition brings the text up to date, includes 10 additional Chapters, including a new Chapter dedicated to section 54 of the Insurance Contracts Act 1984 (Cth) and new Chapters on, the history of insurance, regulation of the general insurance industry and duties owed by insurance intermediaries.
- A concise discussion of the principles of general Australian insurance law with further detailed reading references that deal with more complex issues of insurance law
- Written by an experienced insurance law practitioner and lecturer with insightful commentary explaining the fundamentals of insurance law with references to important relevant statute and case law
- Thourough coverage of topics including case law and statutes
- Academic support available on www.lexisnexis.com.au/Campus.
Table of Contents
Section I - Background
1. Insurance: A risk transfer, loss spreading arrangement
2. Dividing insurance into categories
3. A short history of insurance
4. Regulation of general insurers
5. Insurance intermediaries
6. Introduction to the Insurance Contracts Act (1984) (Cth)
Section II - Period leading up to and including the formation of an insurance contract
7. Utmost good faith (uberrima fides)
8. Non-disclosure and misrepresentation
9. Formation of an insurance contract
10. Insurable interest
11. Duration of an insurance contract
12. Layout and terms of an insurance contract
13. Construction of the provisions of an insurance contract
14. The nature of an insurer?s promise to indemnify
16. First party insurance
17. Liability (third party) insurance
Section III - The claim
18. An insurer's obligation to pay within a reasonable time, and interest
19. Election (waiver), estoppel, res judicata and abuse of process
20. Section 54 of the Insurance Contracts Act (1984) (Cth)
22. One or more claims
23. Claiming the benefit of someone else?s insurance contract
24. Some civil litigation procedural matters directly relevant to insurance
Section IV - Recovery of an insurer?s loss from third parties and other insurers
26. The duties owed by a solicitor acting for an insured on an insurer,s instructions
27. Double insurance and contribution