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The Law of Insurance Warranties: Flawed Reform and a New Perspective


ISBN13: 9780367468828
To be Published: June 2021
Publisher: Informa Law from Routledge
Price: £195.00



The book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date.

Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK’s, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with breaches of insurance warranties and demonstrates that this would consistently deliver better outcomes than any of the existing attempts at reforming this area of the law.

Providing an unprecedented multi-jurisdictional review of the law on insurance warranties and in particular the treatment of warranties in the Insurance Act 2015, as well as outlining an innovative and radical alternative approach to reform, the book will be of considerable interest and value to practitioners, academics and students, as well as to other common law jurisdictions contemplating reform of this area of the law.

Subjects:
Insurance Law
Contents:
1. Introduction
Section One: History, Issues and Challenges
2. The Evolution and History of Insurance Warranties
3. The Law of Insurance Warranties Prior to the Insurance Act 2015
4. Implied Warranties
5. Challenges and Issues: Problems with the Law on Warranties and Potential Solutions for Resolving Them
6. The Law Commission’s Historic Reviews of Insurance Warranties and Proposal for Reform in England and Wales 1957 to 2012
Section Two: Reform Initiatives in Australia, New Zealand and the UK
7. The Law on Insurance Warranties in Australia
8. The Law on Insurance Warranties in New Zealand
9. The 2014 Law Commission Proposals for Reform of the Law of Warranties
10. The Insurance Act 2015: An Effective Reform of the Law on Warranties?
11. Implied Warranties
12. An International Comparative Analysis: Stress-Testing the Existing Law on Insurance Warranties in Australia, New Zealand and the UK
Section 3: An Alternate Approach to the Treatment of Insurance Warranties
13. A New Approach
14. Stress-Testing the Alternate Approach
15. Conclusion

Series: Lloyd's Insurance Law Library

The Law of Liability Insurance 2nd ed ISBN 9780367736057
Published December 2020
Informa Law from Routledge
£270.00
The Law of Liability Insurance 2nd ed ISBN 9781138209961
Published July 2017
Informa Law from Routledge
£350.00
Chinese Insurance Contracts ISBN 9780415743280
Published December 2016
Informa Law from Routledge
£320.00
Systemic Risk and the Future of Insurance Regulation ISBN 9780415744676
Published August 2015
Informa Law from Routledge
£210.00
Systemic Risk and the Future of Insurance Regulation (eBook) ISBN 9781317799962
Published August 2015
Informa Law from Routledge
£141.67
(ePub)
Buy
The Law of Liability Insurance ISBN 9780415830560
Published July 2013
Informa Law from Routledge
Out of print
Reinsuring Clauses (eBook) ISBN 9781135134693
Published November 2010
Informa Law from Routledge
£333.33
(ePub)
Buy
Reinsuring Clauses ISBN 9781843118893
Published November 2010
Informa Law from Routledge
£390.00
Insurance Law and the Financial Ombudsman Service (eBook) ISBN 9781135117252
Published October 2010
Informa Law from Routledge
£291.67
(ePub)
Buy
Insurance Law and the Financial Ombudsman Service ISBN 9781843119029
Published October 2010
Informa Law from Routledge
£340.00
Reforming Marine and Commercial Insurance Law
Edited by: Baris Soyer
ISBN 9781843117742
Published November 2008
Informa Law from Routledge
£275.00
Reforming Marine and Commercial Insurance Law (eBook)
Edited by: Baris Soyer
ISBN 9781000285888
Published November 2008
Informa Law from Routledge
£233.33
(ePub)
Buy
Directors' and Officers' Liability Insurance ISBN 9781843116301
Published October 2008
Informa Law from Routledge
£340.00
Compendium of Insurance Law ISBN 9781843117018
Published November 2007
Informa Law from Routledge
£460.00
Compendium of Insurance Law (eBook) ISBN 9781135135539
Published November 2007
Informa Law from Routledge
£395.83
(ePub)
Buy
Private International Law of Reinsurance and Insurance ISBN 9781843115328
Published December 2006
Informa Law from Routledge
£330.00
All Risks Property Insurance 2nd ed ISBN 9781859786055
Published October 1999
Informa Law from Routledge
Out of print