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Vol 24 No 1 Jan/Feb 2019

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Blackstone's Civil Practice 2019

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Pre-Contractual Duties in Insurance Law: Carter v Boehm (1766) After 250 Years

Edited by:  Yong Qiang Han, Gregory Pynt

ISBN13: 9781509916047
Published: June 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00

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Starting from a revisit to Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical era for insurance law.

In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with refreshed perspectives for a keen understanding of this fundamental aspect of insurance law, which has been incrementally dynamic under both common law and civil law legal traditions.

It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to academics and practitioners in the field of insurance law.

Insurance Law
1. Introduction
Yong Qiang Han and Greg Pynt

Part I: Revisiting Carter v Boehm and Pre-contractual
Duties in Insurance Law
2. Carter v Boehm (1766) 3 Burr 1905
3. The History of a Landmark: Carter v Boehm
Stephen Watterson
4. The Doctrine of Uberrima Fides in Insurance Law—A Critical Evaluation
Reuben A Hasson

Part II: Pre-contractual Duties in Insurance Law: Common Law Jurisdictions
5. Pre-contractual Duties in Australia
Peter Mann, Greg Pynt and Samantha Traves
6. Pre-contractual Duties in the UK Insurance Law after 2015: Old (or New?) Wine in New Bottles?
Yong Qiang Han
7. Pre-contractual Duties under American Insurance Law
Martin Davies and Jeffrey W Stempel

Part III: Pre-contractual Duties in Insurance Law:
Civil Law Jurisdictions
8. Pre-contractual Duties under the Chinese Insurance Law
Yong Qiang Han and Feng Wang
9. Pre-contractual Duties under the French Insurance Law
Sebastien Leroy
10. Pre-contractual Duties under the German Insurance Law
Manfred Wandt and Kevin Bork
11. Pre-contractual Duties under the Japanese Insurance Law
Satoshi Nakaide
12. Pre-contractual Duties under the Swiss Insurance Law
Andrea Stäubli

Part IV: Pre-contractual Duties in Insurance Law: Mixed Legal System, Reinsurance and Brokers
13. Good Faith and Pre-contractual Duties under South African Insurance Law
Birgit Kuschke
14. Pre-contractual Duties in European Insurance Contract Law
Helmut Heiss and Ulrike Mönnich
15. Pre-contractual Utmost Good Faith of the Reinsured
Jeffrey W Stempel
16. Placement of Insurance and the Role of Brokers
Rob Merkin
17. Conclusions: (Utmost) Good Faith and Pre-contractual Duties Globally in the Twenty-first Century
Yong Qiang Han"