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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Desmith out now
Data protection handbook

The Law of Motor Insurance 2nd ed

ISBN13: 9780414045194
Previous Edition ISBN: 0421839309
Published: September 2015
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £299.00

In stock.

The Law of Motor Insurance offers practitioners comprehensive guidance for dealing with all aspects of motor insurance cases. It covers both the substantive law, including detailed analysis of insurance policies, and all procedural aspects. This new 2nd edition is up to date with the latest developments in European and UK law after implementation of the 5th EC Directive on Motor Insurance Law.

  • Explains the general principles of insurance law for background
  • Discusses the distinct legal and regulatory framework of motor insurance law
  • Goes through the coverage in motor policies
  • Shows how liability is established taking into account the general principles of liability, duty of care and breach of duty, the award of damages and available defences
  • Demonstrates step-by-step how to pursue motor insurance claims, from pre-action conduct and case management to costs and after-event insurance
  • Advises on claims against uninsured and untraced drivers via the Motor Insurers Bureau
  • Covers international motor insurance, both UK drivers abroad and foreign drivers in the UK
  • Contains detailed analysis of all relevant legislation, regulations and cases, from within the UK, EU and outside the EU

Insurance Law
Framework of Motor Insurance Law

The Background
The Development of Motor Insurance Law in the UK
The EC Motor Insurance Regime
Regulation of Motor Insurance Business

General Principles of Insurance Law

Formation of the Contract
Insurable Interest
Utmost Good Faith
Conditions and Warranties
Statement of General Insurance Practice 1986

The Coverage of Motor Policies

In General
Persons Covered by the Policy
Additional Risks Covered by Motor Policies
Limitations on the Use of the Vehicle
The Obligations of the Assured
The Measure of Indemnity Under Motor Policies

The Liabilities of Road Users

General Principles of Liability
Duty of Care
Breach of Duty

Compulsory Liability Cover

In General
Limits on the Obligation to Obtain Insurance
The Contract and the Insurer
The Certificate of Insurance
Meaning of Motor Vehicle
Places in which Insurance is Required
Activities to be Covered by Insurance
Scope of Cover
Liabilities for which Insurance is Required
Liability Arising Under Agreement
Control of Policy Terms
Direct Action Against Insurer for Satisfaction of Judgment
Defences to Direct Action to Enforce Judgments
Primary Direct Actions Against Insurers
Insolvency or Death of User of Vehicle

Procedure for Motor Vehicle Claims

Pre-Action Conduct
Alternative Dispute Resolution
Commencement of Court Proceedings
Case Management
Determination of a Case Without Trial
Application to Claims by Assureds Against Their Insurers
Application to Claims by Third Parties Against Assureds/Insurers
Conditional Fee Agreements
After the Event Insurance

Uninsured and Untraced Drivers

Role of the Motor Insurers Bureau Agreements
Claims Against the Motor Insurers Bureau
The Uninsured Drivers’ Agreement 1999
Claims Handling for Uninsured Driver Claims: Article 75
The Untraced Drivers Agreement 1996
Untraced Drivers Agreement 2003
Other Sources of Compensation

International Travel

Legal Framework
Non-European Motorist Using Vehicle in the UK
European Motorist Using Vehicle in the UK
UK Motorist Using Vehicle Outside Europe
UK Motorist Using Vehicle Within Europe
UK Victim in Accident Outside Europe
UK Victim in Accident Within Europe
Europe Resident Victim of Accident in the UK