Insurance Law
  • SUMMARY

    • Presents an all-embracing examination of business interruption and consequential loss insurance in jurisdictions all around the world
    • Examines the different types of cover available, including contingent business interruption and other extensions
    • Provides detailed guidance on over 200 charges in company accounts
    • Considers a wide variety of possible perils and contingencies, such as fire, flood, earthquakes, terrorism, accidents, and natural disasters
    • Looks at the principles, conditions, and available scope of business interruption policies in the 21st century and recognising the impact of competition law
    • Goes in detail through the wording of policies, highlighting common pitfalls
    • Covers all aspects of claims
    • Includes a detailed comparison of UK and US practice and procedure, focusing on the wordings of policies in both the UK and US,
    • Also offers coverage of activities and philosophies of Asia, Africa, the Americas, and Australasia
    • Adopts a practical approach, placing emphasis on practice and procedure

    WHAT’S NEW?

    • Provides detailed analysis of the issues surrounding recent significant legal cases including Coromin, Orient Express Hotels and others
    • Highlights common pitfalls when arranging business interruption insurance cover
    • Includes new claims material that explains the process and personnel likely to be involved, and how a claim should be formulated
    • Extensive coverage of the “but for” principle in determining the scope of cover in the event of a loss, including wide area damage scenarios
    • Explores the degree to which payments under a business interruption policy are likely to be recoverable by way of subrogation
    • Explains how a number of recurring claims issues are addressed by the policy wording and resolved in practice

This major new work is a complete rewriting of the long-established and authoritative text Colinvaux’s Law of Insurance, combined with Professor Merkin’s own highly regarded work Insurance Contract Law. This is a three volume looseleaf work which provides a detailed discussion of the law of insurance, with a focus on modern developments in the law and in the market. It covers the general principles relating to all forms of insurance, and contains detailed analysis of marine and non-marine risks.
Key contents:
* The definition of insurance, formation of the policy, utmost good faith
* Policy terms, interpretation, conditions and warranties, coverage of specific forms of policy
* Losses and claims, fraudulent claims, calculation of loss
* Assignment, intermediaries, conflict of laws, regulation of insurance companies and Lloyd’s
* Comprehensive tables of cases, statutes, statutory instruments and index

This looseleaf guide provides a general introduction to the definition of reinsurance. This regularly updated work:

  • Considers the legal nature of reinsurance
  • Covers the formation and contents of reinsurance agreements and explains the principle of utmost good faith
  • Goes through the terms in a reinsurance contract, giving guidance on interpretation
  • Considers general matters including assignment, winding up, reinsurance brokers and conflict laws
  • Examines losses and claims, subrogation, contribution, reinstatement and arbitration
  • Features chapters by US editors setting out US law on utmost faith as it relates to reinsurance contracts
  • Includes analysis of all the relevant case law and legislation

Essential for insurers and their brokers, MacGillivray on Insurance Law is a classic work which deals with insurance risks and takes into account the key legislative developments and judicial decisions in this area.

MacGillivray provides you with analysis of essential cases from the insurance sector and includes a wide range of authorities, comparing English law with its Scottish, US and Commonwealth counterparts providing you with a clear understanding of the key themes.

The cornerstone of insurance law and part of Sweet & Maxwell’s Insurance Practitioner’s Library, MacGillivray is regularly cited in court and replied upon as a trusted authority.

WHAT’S NEW?

  • A significant addition is analysis of the Insurance Bill 2014 2014-15. Currently with the Special Public Bill Committee in the House of Lords, it will almost certainly become an Act in early 2015.
  • The most important change is to the law regarding the duty of disclosure. An insured party is now required to make to the insurer a “fair presentation of the risk” before a contract of insurance is entered into.
  • A new chapter (19) discussing the impact of the Bill / Act and, more specifically, the new duty of fair presentation and how this will affect the insurer and the insured.
  • The content includes pre and post-Act law, as the former remains an important source of reference.
  • New cases that have been decided since the latest supplement include Versloot Dredging and Rathbone in the Court of Appeal, and International Energy Group v Zurich in the Supreme Court.
  • Other chapters to receive particular focus / updating in light of the Insurance Bill are those on Warranties (10), Good Faith (17), and Misrepresentation (18).

Colinvaux’s Law of Insurance provides a thorough overview of insurance law in the UK. It outlines the essential components including contract and insurance policies, the parties involved and analysis of special cases such as marine, life, accident, liability and motor vehicle insurance.

IMPORTANT NEW LEGISLATION AND CHANGES INCLUDED IN THE 10TH EDITION

  • Detailed commentary on the following legislative measures:
    • Insurance Bill 2014, likely to become law as the Insurance Act 2015
    • Consumer Insurance (Disclosure and Representations) Act 2012
    • Financial Services Act 2012
  • Revised versions of a number of chapters, including those on:
    • Claims
    • Measure of indemnity
    • Rights of insurers
  • Discussion of all of the insurance cases decided since the publication of the last edition in 2010, including major developments in:
    • Liability Insurance
    • Motor Insurance
    • Reinsurance
  • Enhanced coverage of important authorities from other Commonwealth jurisdictions, in particular Australia and New Zealand, on matters as yet unresolved by the English courts.

 

ESSENTIAL READING FOR

  • Specialist insurance and general commercial lawyers
  • In-house counsel in insurance firms
  • Insurance brokers and intermediaries, risk managers and industry consultants

FEATURES & BENEFITS

  • Colinvaux covers all the main key areas of insurance law, including marine insurance and reinsurance law.
  • Colinvaux provides detailed analysis of all relevant legislation, regulations and cases.
  • New edition provides information on the recent House of Lords’ cases, most notably Durham v BAI Run-Off.
  • This book is regularly supplemented to ensure that it constantly remains up to date. Aiming for mainwork to be published every 4 years with annual supplements.
  • The book is now available online on Westlaw.