Insurance and the law of obligations / Rob Merkin and Jenny Steele.

Format:

Book

Author/Creator:

Merkin, Robert M., author.

Steele, Jenny (Law teacher), author.

Language:

English

Subjects (All):

Liability insurance--Law and legislation--Great Britain.

Liability insurance.

Insurance law--Great Britain.

Insurance law.

Physical Description:

1 online resource (1142 p.)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2013.

Language Note:

English

Summary:

It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this bookexplores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as

Contents:

Cover; Title Page; Copyright Page; Foreword; Preface; Contents; Table of Cases; Table of Statutes; Table of Statutory Instruments; Table of EU Legislation; Table of International Agreements; List ofAbbreviations; Part 1 Essentials; 1. Introduction: Insurance in the Law of Obligations; 1.1 Our Aim; 1.2 Insurance and Risk; 1.3 Challenges; 1.4 Obligations; 1.5 Structure; 2. Characterizing Insurance; 2.1 Introduction: Actuarial or Relational?; 2.2 In Search of the Nature of Insurance; 2.3 Insurance and Responsibility; 2.4 Uncertainty and Speculation; 2.5 Conclusions

3. Insurance Contracts and Insurance Market3.1 Introduction; 3.2 When is a Contract One of Insurance?; 3.3 Principles of Insurance Contract Law: an Introduction; 3.4 The Development of Risks and the Market for Insurance; 3.5 Liability Insurance and Liability; 3.6 Does Liability Influence Liability Insurance?; 3.7 Conclusions; 4. Regulatory Dimensions; 4.1 Introduction and Significance; 4.2 Regulating the Insurance Activity; 4.3 Protecting Policyholders: the Public Law Approach; 4.4 Conclusions; Part 2 Operation; 5. Subrogation; 5.1 Introduction; 5.2 The Issues Illustrated

5.3 The Basis of Insurer Subrogation5.4 Operation and Limits; 5.5 Exclusion of Life and Personal Injury Policies; 5.6 Reflections on Risk Allocation and Loss Distribution; 5.7 Conclusions; 6. Loss-Spreading; 6.1 Introduction; 6.2 Some Misconceptions About Loss-Spreading; 6.3 Contribution Between Insurers; 6.4 Reinsurance; 6.5 Riot Damages: Market or Community Loss-Bearing?; 6.6 State and Market; 7. Allocation of Risk in Voluntary Arrangements; 7.1 Introduction: Contracting and Insurance; 7.2 Common Concerns; 7.3 Insuring Against the Risk of Insolvency

7.4 Risk Allocation and Insurance in Contracts7.5 Risk Allocation and Defective Performance; 7.6 Construction Contracts: a Case Study; 7.7 Conclusions; 8. Allocation of Risk and Tort Law; 8.1 Introduction; 8.2 Overview: Tort Reasoning and Risk Allocation; 8.3 'Contractual Matrix' Cases: Tort and Party Risk Structure; 8.4 Advice; 8.5 Public Authorities and Risk Allocation; 8.6 Duties to Employees; 8.7 Conclusions: Duties, Remedies, and Risks; 9. Compulsory Liability Insurance; 9.1 Introduction; 9.2 Significance and Extent; 9.3 Compulsory Insurance for Motor Vehicles

9.4 Compulsory Employers' Liability Insurance9.5 Conclusions; Part 3 Applications; 10. Vicarious Liability; 10.1 Introduction; 10.2 Nature and Boundaries; 10.3 Risk Allocation and Loss-Spreading; 10.4 Loss-Spreading and Insurance in Vicarious Liability; 10.5 Vicarious Liability and Contractual Structure; 10.6 Insurance and Vicarious Liability: Conclusions; 11. Insurance and Illegal Conduct; 11.1 Introduction; 11.2 Principles Governing Illegality; 11.3 Claims Against Policyholders; 11.4 Claims Against Insurers; 11.5 Conclusions; 12. The Asbestos Litigation; 12.1 The Issues

12.2 Establishing Liability in Tort

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

0-19-174782-3

0-19-150792-X

0-19-150791-1

OCLC:

861538515