The Law of Liability Insurance, 4th edition
An authoritative and comprehensive resource for judges, lawyers and insurers
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This 4th edition generally follows the structure of earlier editions which has been found to be efficient. After a short history of the subject, it analyses the basic principles of insurance law insofar as it has been found relevant to this form of cover. This is followed by an intensive study of the principle of construction of commercial, particularly insurance, contracts, and of statutory interpretation.
Next is a study of the doctrine of utmost good faith, generally but with particular reference to liability insurance, followed by a chapter relating to the proposal, with emphasis on the law relating to Fair Trading.
The work then turns to the policy, first a policy of interim insurance, and then to the nature, scope and purpose of a liability insurance policy, with particular attention to detailed issues that generally arise in respect of this form of cover. It is followed by an analysis of conditions and exclusions, both generally and in respect of all the particular clauses usually found in such policies.
The work then becomes more specific in its attention to the many particular sub-species of liability insurance, and their specialised terms and conditions.
On this foundation, there is then an investigation of the effect of general principles of equity and the like, such as Election, Waiver, estoppel, res judicata and privity of contract.
Finally, a chapter is devoted to substantive issues and those of practice and procedure which are abundantly found in litigation between the various parties who are engaged, directly or indirectly, in disputes related to this form of insurance. Topics include such matters as direct action by a claimant against an alleged wrongdoer’s insurer, subrogation, and a claim between co-insurers of a common insured for contribution in respect of indemnity provided by one of them.
The former structure has been somewhat revised for greater convenience to the reader, but the major change from the former edition lies in the updating of case law in respect of important refined detail where that has been the subject of further judicial attention, and the inclusion of commentary on it. This does not involve expansive theoretical discussion, but rather constitutes a focused exegesis with reference to the authority, and a short practical explanation of the more persuasive reasoning involved.
• Madden, McIlwraith & Madden, Australian Medical Liability, 4th edition
• Pynt, Australian Insurance Law: A First Reference, 4th edition
• Dal Pont, Law of Limitation, 2nd edition
Table of contents
- Chapter 1 Liability Insurance
- Chapter 2 The Contract of Insurance
- Chapter 3 Construction
- Chapter 4 Utmost Good Faith and Disclosure
- Chapter 5 The Proposal and Fair Trading
- Chapter 6 Interim Cover
- Chapter 7 The Liability Insurance Policy
- Chapter 8 The Basic Cover
- Chapter 9 Conditions
- Chapter 10 Exclusions
- Chapter 11 Special Forms of Insurance Cover
- Chapter 12 Election Waiver Estoppel and Privity
- Chapter 13 Actions Between Parties