Insurance The Laws of Australia

Insurance The Laws of Australia

By Anthony A Tarr, Julie-Anne Tarr, Malcolm Clarke

Book

$78.40* $98.00 RRP Save: $19.60 (20%)

Date: 18/11/2009

Code: 9780455226392

Thomson Reuters, AUSTRALIA

Available Formats

Format Title Date Code Price
Book Insurance The Laws of Australia 18/11/2009 9780455226392 $78.40

Description

Insurance – The Laws of Australia provides insurance practitioners, insurance companies and students with a principles-based, practical guide to insurance law in Australia.

This text provides comprehensive coverage and analysis of common law principles relating to, and the statutory regulation of, insurance contracts and the operation of an insurance business. The common law and statutory provisions are dealt with in the context of marine, life and general insurance.

Insurance – The Laws of Australia provides practical, easy to read and insightful commentary into topics which include:

• Nature and classification of insurance contracts
• Regulatory system
• Insurable interests
• Insurance policies
• Insurance claims
• Indemnity and amounts recoverable
• Subrogation
• Double insurance and contribution

This material is also published as part of Title 22 “Insurance and Income Security” of The Laws of Australia legal encyclopaedia.

For more information on The Laws of Australia, including the complete range of books and forthcoming updates, please visit www.thomsonreuters.com.au/tla

Editorial Reviews

From: (2010) 38 ABLR 207
Reviewed by Peter W Lithgow

Insurance – The Laws of Australia was originally published as part of the Laws of Australia Encyclopedia. The publisher has now issued this title as a separate text and the authors have incorporated recent developments in insurance law, both at common law (including developments in the United Kingdom and New Zealand) and by statute.
For instance, the regulation of brokers and agents (the subject of major statutory reform by the Insurance (Agents and Brokers) Act 1984 now repealed by the Financial Services Reform (Consequential Provisions) Act 2001) has now been supplanted by the broader regulatory provisions of the Corporations Act 2001 (Cth). Usefully, this work provides specific focus on the legislative provisions found in the Corporations Act as amended by the Financial Services Reform Act 2001 with particular relevance to the insurance industry and its participants.

Insurance – The Laws of Australia deals with the traditional analysis of the law of insurance including chapters on insurable interest, third party interests, formation of the insurance contract and the policy of insurance and its construction. 

A chapter is devoted to “Utmost good faith”, the concept that the insurer and the insured must act in “utmost good faith” towards each other. This has been said to mean: 

fairness, fair conduct, reasonable standards of fair dealing, decency, reasonableness, decent    behaviour, a common ethical sense, a spirit of solidarity, community standards of fairness, decency and reasonableness.1

The application of this concept may come as a revelation to some insurers and their lawyers who seem to think that taking every dubious point and attributing the worst of motives to an insured is both the standard and appropriate position from which to assess an insured’s claim and the operation of the Policy of Insurance.

Additional chapters deal with questions such as subrogation, and double insurance and contribution. Specific types of insurance are also dealt with and there are discrete chapters devoted to marine and life insurance.

The usefulness of the text is enhanced by the comprehensive index, the bibliography which provides an extensive reference to books, articles and reports and finally a “dictionary” of “insurance law” words and phrases cross referenced to specific parts of the text.

This work is to be commended to all those involved in the law of insurance, particularly lawyers, insurers, agents and brokers and others who need ability to access and understand the law of insurance in Australia.

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1 Lucke HK, “Good Faith in Contractual Performance” in Finn PD (ed) Essays on Contract (Lawbook Co, 1987).

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