| Description |
1 online resource (268 pages) |
| Series |
Contemporary Commercial Law Ser |
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Contemporary Commercial Law Ser
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| Contents |
Cover; Half Title; Title; Copyright; Dedication; Contents; Acknowledgments; Foreword; Preface; Table of Cases; Table of Legislation; Part A; Chapter 1 An overview: Double insurance; 1.1 Background: the theory of double insurance; 1.1.1 Problems with double insurance; 1.1.2 Insurance premiums; 1.1.3 Development of the insurance industry; 1.1.4 Regulation of the insurance industry; 1.1.5 Attempt to define double insurance; 1.1.6 Requirements of double insurance; 1.1.7 Type of clauses; 1.1.8 Uncertainty; 1.1.9 Contribution; 1.2 Different approaches: possible solution |
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1.2.1 Australian legislation1.2.2 Should the Australian position be followed?; Chapter 2 General principles; 2.1 The history of double insurance; 2.1.1 The Chamber of Assurance; 2.1.2 The Marine Insurance Act 1906; 2.2 The concept of double insurance; 2.3 Cases on double insurance: is there double insurance?; 2.3.1 North British Insurance v London, Liverpool & Globe Insurance; 2.3.2 Mathie v The Argonaut Marine Insurance Co Ltd; 2.3.3 Union Marine Insurance Co Ltd v Martin; 2.3.4 Godin v London Assurance Co; 2.3.5 Union Marine Insurance Co Ltd v Martin |
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2.3.6 Rathbone Brothers plc v Novae Corporate Underwriting Ltd2.3.7 Conclusion; 2.4 Recovery from insurers; 2.4.1 An assured's right of recovery; 2.4.2 Conclusion; 2.5 Interpretation of policy wording in double insurance clauses; 2.5.1 Contractual and legislative exclusions; 2.5.2 Interpreting clauses: Singapore High Court; 2.6 Contribution as a general concept; 2.7 Premiums; 2.7.1 Return of premiums when the insurer refuses to pay; 2.7.2 Legislative framework of the return of premium; 2.7.3 Position of premiums prior to legislation; Chapter 3 Effect of double insurance on claims |
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3.1 The rights of an assured3.1.1 Restriction by insurers of assureds' rights; 3.2 Effect of "other insurance" clauses; 3.3 Combination of clauses in policies; 3.4 Complexities of double insurance illustrated; 3.5 Policy considerations; 3.6 A comparison: the Australian position; 3.7 Types of clauses; 3.8 Uncertainty of such clauses; 3.9 Concurrent "escape" clauses; 3.9.1 Absolute escape clauses; 3.9.2 All policies containing absolute clauses; 3.9.3 Self-cancelling clauses ineffective; 3.10 Has the Weddell principle been followed in other jurisdictions? |
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3.11 Escape clause against excess clause3.12 Concurrent "excess" clauses; 3.13 Rateable proportion clauses; 3.14 Clauses in combination: excess or escape clauses against rateable proportion clauses; 3.14.1 National Farmers Union Mutual Insurance Society Ltd v HSBC Insurance (UK) Ltd; 3.14.2 The principles and approach adopted in NFU; Chapter 4 Legislative reform of double insurance; 4.1 "Other insurance" clauses -- Australian legislation barring double insurance exclusion clauses; 4.2 Australian Law Reform Commission, Report on Insurance Contracts, Report No 20 (1982); 4.2.1 Terms of reference |
| Summary |
Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area.?The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on:the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance, attempts to limit or exclude liability by the insurer, how the clauses work in practice court decisions in various jurisdictions the Australian position under section 45 of the Insurance Contracts Act 1984 whether the Australian position can be adopted in the United Kingdom. This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike |
| Notes |
4.2.2 The guiding principles |
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Print version record |
| Subject |
Insurance policies -- English-speaking countries
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LAW -- Commercial -- General.
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Insurance policies
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English-speaking countries
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| Form |
Electronic book
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| ISBN |
9781317370963 |
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1317370961 |
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