Mann S Annotated Insurance Contracts Act
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Mann's Annotated Insurance Contracts Act
Manns Annotated Insurance Contracts Act, 9th edition provides the full text of the Insurance Contracts Act 1984 accompanied by clear and concise annotations, explaining the operation of the Act. Accompanying the annotated Insurance Contracts Act, the work also contains related legislation and materials.
Mann's Annotated Insurance Contracts Act
Mann?s Annotated Insurance Contracts Act is the leading Australian work on the Insurance Contracts Act 1984 (Cth), a key legislative instrument governing Insurance Law in Australia. Providing a practical guide to the Insurance Contracts Act with annotations which discuss and analyse the provisions of this Act, this work is an essential resource for insurance lawyers, insurance professionals, academics and students.
Transparency in Insurance Contract Law
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.