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Book Cover
E-book
Author Clarke, Malcolm

Title The Insurance Act 2015 : a New Regime for Commercial and Marine Insurance Law
Published Milton : Taylor and Francis, 2016

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Description 1 online resource (199 pages)
Contents Cover; Half Title; Title; Copyright; CONTENTS; Biographies; Foreword; Preface; Table of cases; Table of statutes; CHAPTER 1 THE INSURANCE ACT 2015: BACKGROUND AND PHILOSOPHY; 1.1 Introduction; 1.2 History; 1.3 The Law Commissions' project; 1.4 The reforms; 1.4.1 Third Parties (Rights against Insurers) Act 2010; 1.4.2 Consumer Insurance (Representations and Disclosures) Act 2012; 1.4.3 The Insurance Act 2015; 1.5 Conclusion; CHAPTER 2 THE FAIR PRESENTATION OF COMMERCIAL RISKS UNDER THE INSURANCE ACT 2015; 2.1 Introduction; 2.2 The duty of utmost good faith before the 2015 Act
2.2.1 Introduction2.2.2 The assured's knowledge for the purpose of the duty of disclosure; 2.2.3 Exceptions to the duty of disclosure; 2.2.4 Misrepresentation; 2.2.5 Materiality; 2.2.6 Inducement; 2.2.7 Remedies; 2.2.8 Amendments or variations to the insurance contract; 2.3 The Insurance Act 2015; 2.3.1 Duty of utmost good faith; 2.3.2 The assured's duty of fair presentation: no change; 2.3.3 The assured's duty of fair presentation: fundamental changes; 2.4 Conclusion; CHAPTER 3 THE INSURER'S DUTY OF GOOD FAITH: IS THE PATH NOW CLEAR FOR THE INTRODUCTION OF NEW REMEDIES?; 3.1 Introduction
3.2 Pre-contractual duty of good faith of the insurer3.3 Post-contractual duty of good faith of the insurer; 3.3.1 Role of good faith doctrine in implying obligations on the insurer; 3.3.2 Using good faith to restrict rights of insurers; 3.4 Concluding remarks; CHAPTER 4 THE FUTURE OF WARRANTIES AND OTHER RELATED TERMS IN CONTRACTS OF INSURANCE; 4.1 Introduction; 4.2 The Insurance Act 2015, part 3; 4.3 Breach of warranty; 4.4 Breach remedied?; 4.5 Conclusion; CHAPTER 5 REMEDIES FOR FRAUDULENT CLAIMS UNDER THE INSURANCE ACT 2015; 5.1 Introduction
5.2 The law on remedies for fraudulent claims pre-Act5.2.1 The effect of the fraud upon the claim to which it relates; 5.2.2 The effect of the fraud upon the contract of insurance: a right to avoid?; 5.2.3 The effect of the fraud on the contract of insurance: termination upon the occurrence of the fraud and the fate of subsequent claims; 5.2.4 The insurer's right to damages in respect of fraudulent claims; 5.3 The provisions of the Insurance Act 2015 concerning remedies for fraudulent claims; 5.3.1 The effect of the fraud upon the claim to which it relates
5.3.2 The effect of the fraud upon the contract of insurance5.3.3 The insurer's right to damages in respect of fraudulent claims; 5.4 The likely impact of section 12 of the Act; 5.4.1 The effect of the fraud upon the claim to which it relates; 5.4.2 The effect of the fraud upon the contract of insurance; 5.5 Conclusions; CHAPTER 6 LATE PAYMENT OF CLAIMS: BETTER, BUT BY NO MEANS PERFECT; 6.1 Late payment: the common law background; 6.2 The reforms in general; 6.3 The reforms discussed; 6.3.1 The scheme of reform: an implied duty to pay claims on time
Summary The Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts.?The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future.?Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics
Notes 6.3.2 The core duty: the obligation to pay within a reasonable time (s. 13A(2), (3))
Print version record
Subject Great Britain. Insurance Act 2015.
SUBJECT Insurance Act 2015 (Great Britain) fast
Subject Marine insurance -- Law and legislation -- Great Britain
Liability insurance -- Great Britain
Casualty insurance -- Law and legislation -- Great Britain
Casualty insurance -- Law and legislation
Liability insurance
Marine insurance -- Law and legislation
Great Britain
Form Electronic book
Author Soyer, Baris
ISBN 9781134832880
1134832885