قانون قراردادهای بیمه انگلیسی

Bookboon, Cambridge University, 2016. — 84 p. — ISBN: 978-87-403-1209-6.Description.
Insurance is the principal device whereby western societies respond to events adversely affecting people through injury or property damage. People pay for ‘cover’, a contract with an insurance company , whereby the insurer agrees to indemnify people on the occurrence of such an event in return for a periodic payment called premium. This book explains the English law regulating these insurance contracts.
Content.
Insurance Contracts Defined.
– Introduction.
– Description.
– Contracts to distinguish from Insurance.
Insurable Interest: Life.
– Introduction.
– Persons with an Insurable Interest.
Insurable Interest: Property.
– Introduction.
Third Party Rights.
– Introduction.
– The Contracts (Rights of Third Parties) Act 1999.
– Agency.
– Commercial trustees.
– The Third Parties (Rights Against Insurers) Act 1930.
– The Third Parties (Rights against Insurers) Act 2010.
– Road Traffic Act 1988.
Agency.
– Introduction.
– Authority.
– Ratification.
– Liability.
Contract Formation.
– Applications.
– Contract conclusion.
– Contracting at Lloyd’s.
– Interim Insurance.
Premium.
– Introduction.
– Non-payment.
– No return of premium.
The Policy.
– Introduction.
– Content.
– Interpretation.
– Context.
Cover.
– Cover and Loss.
– Subject-matter.
– Insured events.
Exceptions To Cover.
– Introduction.
– Leading Exceptions.
– Unenforceable Exceptions.
Warranties.
– The Nature and Function of Warranties.
– The Absolute Nature of Warranties.
– Construction of Warranties.
– Continuing (Promissory) Warranties.
– Breach of Warranty.
Misrepresentation.
– Introduction.
– Inducement.
– Remedies.
Disclosure.
– Introduction.
– Disclosure.
– Material Fact.
– Knowledge.
– Waiver of Disclosure by Insurers.
– Breach.
– Fair presentation.
Illegal Insurance.
– Introduction.
– Illegality.
Claims.
– Introduction.
– Proof.
– Faulty Claims.
– Fraudulent Claims.
– Waiver.
– Claims Enforcement.
Indemnity.
– Introduction.
– Loss Assessment.
Payment And Non- Payment.
– Introduction.
– The Time of Payment.
– Mode of Payment.
– The Payee.
– Settlement of Claims.
– Non-payment.
About the Author.
Malcolm Clarke, Emeritus Professor of Commercial Contract Law, Cambridge University.
Relevant publications:
– The Law of Insurance Contracts (6th (bound) edition, London 2009); bi-annually updated in loose leaf form, ISBN 1-85978-689-8, and on line.
– Policies and Perceptions of Insurance (Oxford, 1997).
– Policies and Perceptions of Insurance in the 21st Century (Oxford 2005 and 2007).
– Joint editor of Principles of European Insurance Contract Law; 2nd edition (Munich 2015).