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Vol 25 No 2 Feb/March 2020

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Insurance Claims 5th ed

ISBN13: 9781526511911
Previous Edition ISBN: 9781780438962
To be Published: October 2020
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Hardback
Price: £165.00

A practitioners' text providing a summary of the law as it relates to insurance claims, including claims against insurers and insurance brokers. It is aimed at those involved in the application of the law on a daily basis, whether as solicitors, barristers or insurance claims handlers. Where the law is clear, it is set out concisely. The text suggests what the law should be, rather than what it is, only where the law is uncertain, or there appears to be a gap. Discussion of the development of the law is included only where necessary to understand the current position, old (particularly pre-1865) authorities are referred to only rarely, and only where they are still relied on as authoritative statements of fundamental principles.

The new edition covers recent decisions of the Supreme Court and Privy Council, including:

    AIG Europe Ltd v Woodman [2017] UKSC 18 – aggregation clauses
    Atlasnavios-Navegação Lda v Navigators Insurance Co Ltd, The 'B Atlantic' [2018] UKSC 26 – construction of insurance contracts/exclusion clauses
    Ramsook v Crossley [2018] UKPC 9 – construction and application of claims control clauses, and
    UK Insurance Ltd v R&S Pilling ([2017] EWCA Civ 259: judgment to be handed down by the Supreme Court on 27 March 2019) – construction of insurance contracts/meaning of 'use' of a vehicle in domestic and EU legislation on compulsory motor insurance

and also those handed down by the Court of Appeal, including:

    Euro Pools plc v Royal and Sun Alliance Insurance plc ([2018] EWHC 46 (Comm): judgment of the Court of Appeal awaited following hearing in January 2019) – construction and application of notification clauses in professional indemnity insurance
    Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2018] EWCA Civ 317 - construction insurance contracts/aggregation clauses
    Ted Baker plc v AXA Insurance UK [2017] EWCA Civ 4097 – application of insurance claims conditions/estoppel based on 'duty to speak', and
    XYZ v Travelers Insurance Co Ltd [2018] EWCA Civ 1099 – costs against liability insurers as non-parties

EU law and domestic law derived from EU law remains relevant, and will do for the foreseeable future, as new legislation implementing Brexit will not be retrospective.

Insurance Law
Chapter 1: The Basics
Chapter 2: The Claimant
Chapter 3: The Contract of Insurance
Chapter 4: Causation of Loss
Chapter 5: Proof of Loss
Chapter 6: Measurement of Loss
Chapter 7: Presentation of Claims
Chapter 8: Claims Handling
Chapter 9: Insurance Litigation
Chapter 10: Alternatives to Litigation
Chapter 11: Insurers' Defences
Chapter 12: Subrogation
Chapter 13: Double Insurance and Contribution
Chapter 14: Reinsurance
Chapter 15: Conflict of Laws
Chapter 16: Claims Against Insurance Brokers
Chapter 17: Specific Types of Insurance