Australian Insurance Law: A First Reference, 4th edition

A valuable resource for law and business students, insurance lawyers and those in the insurance industry

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ISBN/ISSN: 9780409345490
Release Date: November 01, 2017
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ISBN/ISSN: 9780409345506
Release Date: November 01, 2017
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Product description

Now in its fourth edition, Australian Insurance Law: A First Reference is a clear and concise treatment of general insurance law in Australia. It covers all the key concepts associated with general insurance law, including the unique insurance perspective on the duty of utmost good faith, conditions and warranties, causation, mitigation, subrogation and double insurance, and contribution. This text is a valuable resource for law and business students, as well as insurance lawyers and those in the wider insurance industry.

Features

  • A concise discussion of the principles of general Australian insurance law
  • Insightful commentary explaining the fundamentals with references to relevant statute and case law
  • Includes digital learning materials

Related Titles

Derrington & Ashton, The Law of Liability Insurance, 3rd edition, 2013
Traves, Commercial Law, 4th ed, 2016

Featured Authors

Table of contents

Part 1: 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)


Part 2: Period Leading up to and Including the Formation of an Insurance Contract

  1. Utmost Good Faith

  2. Pre-contractual Disclosure

  3. Formation of an Insurance Contract

  4. Insurable Interest

  5. Duration of an Insurance Contract

  6. The Layout of an Insurance Policy: Recitals, Insuring Clause, Exclusions, Policy Terms and Definitions

  7. Construing an Insurance Contract

  8. The Nature of an Insurer’s Promise to Indemnify

  9. Causation

  10. Mitigation

  11. First Party Insurance

  12. Liability (Third Party) Insurance

  13. Some Common Policy Terms


Part 3: The Claim

  1. Broken Promises

  2. Election, Estoppel and Abuse of Process

  3. Section 54

  4. Fraudulent Claims

  5. How Many Claims (Aggregation Clauses)?

  6. Claiming the Benefit of Another Person’s Insurance Contract

  7. Some Insurance-Related Civil Litigation Procedures


Part 4: Recovery of an Insurer’s Loss from Third Parties and Other Insurers

  1. Subrogation

  2. The Duties Owed by a Lawyer when Retained by an Insurer

  3. Double Insurance and Contribution