MacGillivray on Insurance Law

Essential for insurers and their brokers, MacGillivray on Insurance Law is a classic work which deals with insurance risks and takes into account the key legislative developments and judicial decisions in this area.The 12th Edition will bring this well-regarded work up to date and marks the 1th anniversary since the first edition. It provides you with analysis of essential cases from the insurance sector and includes a wide range of authorities, comparing English law with its Scottish, US and Common wealth counterparts providing you with a clear understanding of the key themes. It also deals with the new law under the Consumer Insurance (Disclosure and Representations) Act 212 and considers the latest restructuring of the FSA and Bank of England, looking at the shift of responsibilities.The cornerstone of insurance law, and part of Sweet & Maxwell’s Insurance Practitioner’s Library, this title is regularly cited in court and relied upon as a trusted authority. You wouldn’t want to practice without it.Provides a valuable reference that aids a thorough understanding of the principles of insurance law and its applications in practiceTakes the reader through the definition of insurable interests, the construction of an insurance policy, the formation of an insurance contract, and the relevant premiums and policy risks under particular contractsLooks at good faith and disclosure, misrepresentation, fraudulent activity, subrogation and where more than two insurers rights are involveConsiders the separate classes of insurance, including: life, personal accident, property, motor and aviationCovers insurance against pecuniary loss, contractors’ risks policies and the basic principles of reinsurance lawAnalyses the different parties which can be involved in an insurance transaction, and how the process works, in particular with regard to LloydsDiscusses the roles of agents in insuranceDivided into 3 sections for ease of referenceLegislation covered includes:The Consumer Insurance (Disclosure and Representations) Act 212 The Equality Act 21 – equality Third Parties (Rights Against Insurers) Act 21Financial Services BillNew case law covered includes:Re Digital Satellite Warranty Cover Ltd – meaning of insurance and scope of regulationLucasfilm Ltd v Ainsworth – CA and Supreme Court – conflict of lawsDelaney v Pickett – illegalityArash Shipping Enterprises Co Ltd v Groupama Transport – illegalityMitchell v Hiscox Underwriting Ltd – misrepresentation Seashell of Lisson Grove Ltd v Aviva Insurance Ltd – misrepresentation FoodCo UK LLP (t/a Muffin Break) v Henry Boot Developments Ltd – non-disclosure Beazley Underwriting Limited v The Travelers Companies Incorporated - causationSutherland Professional Funding Ltd v Bakewells - causationOmega Proteins Ltd v Aspen Insurance UK Ltd – causation and exclusions from coverFosse Motor Engineers Ltd v Conde Nast & National Magazine Distributors Ltd – causation Yeganeh v Zurich Plc - causationMilton Keynes Borough Council v Nulty – causationRamco (UK) Ltd v Weller Russell & Laws Insurance Brokers Ltd – broker’s duty regarding cover for bailee’s interestWard v Norwich Union Insurance Ltd – meaning of ‘accidental’ death in PI policiesPratt v Aigaion Insurance Co S.A. (The Resolute) – construction of warranties in property coverA. C. Ward & Son Ltd v Catlin (Five) Ltd (No. 2) – construction of warranties in property cover.Omega Proteins Ltd v Aspen Insurance UK Ltd – liability insuranceStandard Life Assurance Ltd v ACE European Group – liability insuranceDurham v BAI – employers’ liability insurancePryor v Chief Constable of Greater Manchester Police – motor insuranceChurchill Insurance Co. Ltd. v Wilkinson, Evans v Equity Claims Ltd – motor insuranceThe most recent reform proposals from the Law Commission in Consultation Paper (Law Com LCCP No.21/SLCDP No.152): “Insurance Contract Law: Post Contract Duties and Other Issues”CONTENTSSection 1: General Principles1. Nature of Insurance and Insurable Interest 2. Formation of the Contract 3. Form of the Contract 4. The Period Prior to Issue of the Policy 5. Execution and Delivery of Policy 6. Commencement and Termination of Risk 7. Payment of Premium 8. Return of Premium 9. Salvage Premiums 1. Warranties and Other Policy Terms11. Construction of Policies 12. Rectification 13. Conflict of Laws 14. Illegality 15. Mistake 16. Misrepresentation17. Good Faith and the Duty of Disclosure 18. Fraud, Misrepresentation and Non-Disclosure by Third Parties19. Consumer Insurance (Disclosure and Representations) Act 2122. The Loss21. The Claimant 22. Reinstatement 23. Subrogation 24. Rights of Two or More InsurersSection 2: Particular Classes of Business25. Life Insurance 26. Personal Accident Policies 27. Property Insurance: Fire Policies28. Property Insurance: Other Insurances on Property 29. Third Party Risks 3. Motor Vehicle Insurance 31. Aviation Insurance 32. Insurance Against Pecuniary Loss 33. Contractors’ Risks Policies 34. Reinsurance Section 3: Parties35. Insurance Companies 36. The Course of Business at Lloyd’s 37. The Role of Agents in Insurance BusinessEDITORS & EDITORIAL BOARDProfessor John BirdsJohn Birds is Emeritus Professor at the University of Manchester and Honorary Professor at the University of Sheffield. Previously he had been Professor of Commercial Law at the University of Sheffield since 1989, moving to Manchester University in 26.He is known as a leading authority on company law and insurance law, having published many books, articles and book chapters in both areas and holding editorial positions in leading company and commercial law journals, including The Company Lawyer and The Journal of Business Law. He has lectured widely on both subjects, both in the UK and abroad, including in recent years at the University of Sydney, the National University of Singapore, the University of Nancy and the Korea Stock Exchange. He has acted as consultant to government and private bodies. In 1991, he was elected as a Fellow of the Royal Society of Arts. He has been a member of the Training Committee of the Law Society, was a member of the Law Panel for the Research Assessment Exercise 21and a member of the Law Sub-Panel for the Research Assessment Exercise 28 and in 23-4 was President of the Society of Legal Scholars. He is also a member of the Project Group for the Restatement of European Insurance Contract Law. He has been an editor of MacGillivray since the 8th edition.Simon MilnesSimon is a member of 2 Essex Street chambers (call 25) and has undertaken a wide variety of commercial cases, primarily in international trade, banking and finance, derivatives and insurance. Simon is currently based at 2 Essex Street’s international arbitration annexe in Singapore. He co-authored the First and Second Supplements to the 11th Edition of MacGillivray. Ben LynchSince joining Devereux Chambers in 23, Ben has undertaken a wide variety of commercial cases, primarily in insurance, reinsurance, professional indemnity, and telecommunications disputes. Ben regularly appears (both alone and being led) in Commercial Court (and other High Court) cases, the Competition Appeal Tribunal, Arbitrations and Mediations. Ben is ranked in the leading directories in all of his major areas of work. Ben worked on the Second Supplement to the 11th edition of MacGillivray.SUBSCRIPTION INFORMATIONSAVE 1% ON THIS EDITION AND FUTURE EDITIONS OF THIS TITLE WHEN YOU REQUEST A STANDING ORDERRequesting a Standing Order for this edition means you will receive a 1% discount on your order. Plus, future editions will be sent to you automatically on publication, with the same 1% discount. The 3 Day Satisfaction Guarantee applies to all titles supplied on Standing Order. Standing Orders can be cancelled at any time. Set up your Standing Order today.