MacDonald Eggers / Picken Good Faith and Insurance Contracts

4. Auflage 2017
ISBN: 978-1-351-98400-3
Verlag: Taylor & Francis
Format: EPUB
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 832 Seiten

Reihe: Lloyd's Insurance Law Library

Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area.

This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.

Autoren/Hrsg.

MacDonald Eggers, Peter

Picken, Simon

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Bank- und Versicherungsrecht Versicherungsrecht

Inhaltsverzeichnis

The insurance contract uberrimae fidei

Other contracts of the utmost good faith

The nature of the duty of the utmost good faith

The source of the duty of utmost good faith

Law reform

Legislation affecting the duty of good faith

The assured’s duty of the fair presentation of the risk at placing

The exceptions to the duty of disclosure at placing

Modification of the duty of disclosure at placing

The post-contractual duty of good faith

The assured’s duty of utmost good faith and claims

The insurer’s duty

Third parties

Materiality and inducement

Examples of material facts

Remedies

The loss of the insurer’s right to exercise a remedy or to rely upon a breach of warranty

Evidence: Proving a breach of duty or a defence

Über Autor(innen)

Peter MacDonald Eggers QC is a silk at 7KBW, where he specialises in all aspects of commercial law, with a particular focus on insurance and reinsurance.

Simon Picken QC is a silk at 7KBW, where his wide-ranging practice involves all types of contractual disputes with a special emphasis on insurance/reinsurance disputes.