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This book is only available in PDF format
Author(s): Mel Easton, Nicole Edelman
Published: 11 September, 2000
Pages: 74
   

Insurance law is often considered to be a speciality within the field of commercial civil litigation. The principles of insurance law can, however, affect any person who has ever taken out a contract of insurance. Problems can, and do, arise when prospective insureds are not familiar with their duties and obligations to insurers when completing proposals for contracts of insurance, nor do they always know whether or not the insurance they are purchasing is the correct cover in the circumstances.

All too often, parties mistakenly rely on insurance taken out by others, not being aware that this does not protect them from subrogated recovery actions by insurers or alternatively leaving them without cover altogether.

A knowledge and understanding of some basic insurance principles is essential to the prudent practice of all lawyers who act for clients involved in transactions relating to property that inevitably is, or needs to be, insured. One of the aims of this seminar therefore, is to provide some guidance as to those areas of insurance that might affect lawyers’ clients who are about to embark on a property transaction.

While not professing to be an in depth analysis of insurance law, the seminar should also provide an overview of recent developments in relation to certain aspects of insurance law such as the duty of good faith, the noting of interests on policies and the Law Commission’s 1998 recommendations.

 

Content outline

  • Types of cover
    • What is insurance?
    • Who can be indemnified?
    • For how much can someone be indemnified?
    • Valued policies
    • Indemnity v reinstatement insurance
    • Indemnity policies
    • Reinstatement or replacement policies
    • Section 83 of the Fires Prevention (Metropolis) Act 1774 (IMP)
    • Earthquake cover
    • Mortgage protection insurance
    • Self insurance
  • Duty of good faith
    • The scope of the duty
    • Duty can be limited by the wording in the proposal
    • Effect of non-disclosure
    • Duty to notify of changes in the risk
    • Checklist of items to disclose to the insurer
  • Noting of interests on policies
    • Persons with limited interests may insure
    • Joint and Composite Insurance
    • Whether actions of one insured affect cover of other co-insureds
    • Failure to note an insured’s interest
    • Vendor and purchaser
    • Mortgagor and mortgagee
  • Issues for landlord and tenants
    • Protecting the tenant’s interests
    • Subrogation
    • When a landlord’s rights are restricted
    • When tenants can benefit from landlord’s insurance
    • The level of insurance premiums
    • Protection of landlord’s interests
  • Other contracts of indemnity
  • The rights of insureds
  • Unit titles
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