The In-House Lawyer

Insurance


Insureds’ continuing obligations through the policy period

Apart from specific requirements imposed to minimise the chance of loss, the insurer may also insist on more general obligations, such as a clause requiring the insured to take reasonable care to avoid liability, loss ... Read more

Anomalies of insurance law

Although the courts are often at pains to point out that insurance law is merely a subset of general contract law and should be applied without any concession or discrimination simply because the subject matter ... Read more

Post-loss insurance obligations

When an event occurs that triggers a notification provision in an insurance contract, the terms should be complied with before quietly sitting back and waiting for the insurer to exercise its rights to adjust the ... Read more

Current insurance law reforms

For over 100 years property and liability insurance law has largely been governed by the Marine Insurance Act 1906, a product of careful thought and drafting that codified the previous 200 years of case law. ... Read more

What can you do if your insurer goes bust?

History shows that, at least since the 1950s, the likelihood that any authorised insurance company will not be able to pay its claims in full is reassuringly small. The level and composition of assets required ... Read more

Terminal traps in insurance contracts

The terms of any insurance contract can be categorised as conditions, conditions precedent, warranties, or terms delimiting the risk. The status of conditions and warranties in mainstream contract law is reversed in insurance law. Breach:of ... Read more

How much are you paying your insurance broker?

Contingent commissions were A lucrative feature of the London insurance market for many years, but the enquiries engendered by Eliot Spitzer, then New York State Attorney General, highlighted the methodology of brokerage in London and ... Read more

Insurance is a valuable asset

In cases involving the lending of large sums of money, the use of the borrower’s insurance as a security asset is often viewed as the failsafe in the overall security package.1 In the event of ... Read more

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