This concise and accessible guide to reinsurance law is an easy-to-read specialist reference focusing solely on reinsurance. Every aspect of the core and subsidiary principles of reinsurance law are covered beginning with an investigation of the definition, purpose, and types of reinsurance. Guidance is given on contractual principles and terms in the reinsurance context, obligations, rights and liabilities of the reinsurer, and the choice of law. With usability and practicality in mind, a number of aspects have been further developed in this edition. There is an increased depth of analysis in addressing 'Follow the Settlements', incorporation, non-disclosure, misrepresentation, and the role of good faith in reinsurance contracts. The new edition also addresses the consequences of the Insurance Act 2015 and recent cases on reinsurance arbitration - particularly the appointment of arbitrators and their duties. This book is both practical and authoritative, and is successful in isolating the key issues in reinsurance law to provide an easy and reliable reference source. It is a must-have work for all reinsurance practitioners.

For comprehensive and clear guidance on insurance contract law you need Colinvaux's Law of Insurance. It takes a detailed look at three distinct areas: the insurance contract, the different parties involved and the features of special types of insurance contract in the UK. The commentary expertly examines the key principles, rights and issues and is supported with analysis of the most recent and significant case law. The thirteenth edition sees key updates, including: The commentary on business interruption insurance has been greatly expanded to include the latest COVID-19 litigation. The chapter on conflict of laws has been redrafted to take account of the effect of Brexit on jurisdiction. The discussion of motor insurance discusses important legislative changes, particularly in light of Brexit The rewriting of sections on insurable interest indemnity, subrogation and late payment of claims. It is available in print, online on Westlaw UK and as an eBook on ProView and updated annually to ensure you are always up to date. Key features include: Extensive commentary on the construction of insurance policies to help explain issues such as risk, utmost good faith, insurable interest, the premium, claims and loss. Addresses the roles of the different parties involved, including intermediaries, as well as the regulation of insurers. Looks at nine special types of insurance contract: reinsurance, life and accident, property, liability, third party, motor vehicle, financial, marine and war risks. Sets out the rules governing insurance contract wording and phrasing. Includes a dedicated chapter on the rights of insurers. Discusses the insolvency of insurance companies and relevant proceedings, as well as the protection of policyholders. Analyses the most important cases, legislation and regulation. Provides an international dimension with analysis of significant Commonwealth decisions that are affecting the English courts. Supplemented annually to ensure the text is always up to date.

The theory of marked point processes on the real line is of great and increasing importance in areas such as insurance mathematics, queuing theory and financial economics. However, the theory is often viewed as technically and conceptually difficult and has proved to be a block for PhD students looking to enter the area. This book gives an intuitive picture of the central concepts as well as the deeper results, while presenting the mathematical theory in a rigorous fashion and discussing applications in filtering theory and financial economics. Consequently, readers will get a deep understanding of the theory and how to use it. A number of exercises of differing levels of difficulty are included, providing opportunities to put new ideas into practice. Graduate students in mathematics, finance and economics will gain a good working knowledge of point-process theory, allowing them to progress to independent research.

Reinsurance is a financial market that trades in the risk of unpredictable and devastating disasters - such as Hurricane Katrina, the Tohoku earthquake and tsunami, and the terrorist attacks on the World Trade Centre. Such disasters are increasing in both frequency and severity, with the cost of their losses mounting rapidly. Reinsurance insures insurance companies, enabling them to pay claims arising from these losses. It is thus a market mechanism that is a critical part of the social and economic safety net, helping to pick up the pieces after disasters. Yet, how is the risk of such disasters calculated and traded in a global market? This book brings to life the reinsurance market through vivid real-life tales that draw from an ethnographic, "fly-on-the-wall" study of the global reinsurance industry over three annual cycles. The authors shadowed underwriters around the world as they traded risks through multiple disasters. For instance, this book takes readers into the desperate hours of pricing Japanese risks during March 2011, while the devastating aftermath of the Tohoku earthquake is unfolding. To show how the market works, the book offers authentic tales gathered from observations of reinsurers in Bermuda, Lloyd's of London, Continental Europe and SE Asia as they evaluate, price and compete for different risks as part of their everyday practice. Understanding how this market for disasters works has never been more critical given the impact of climate change and increased global connectivity, where a flood in one country can trigger losses to supply chains around the world. The authors develop a novel concept of how global markets work, which advances scholarship and challenges current thinking about how financial markets trade in intangible assets such as risk. This book will be useful to readers interested in markets for disasters, insurance, reinsurance and financial markets, and academics interested in the practice of financial markets specifically or the practice of strategy and organizations generally.

This authoritative and practical guide provides a thorough account of the law and practice of professional indemnity insurance. Topics examined include the basis of cover, entering the contract, block notification of claims, aggregation, and the exclusion of cover for fraud and dishonesty. The book also considers the standard terms and policy wordings involved in claims policies and the associated issues that can arise in practice. In addition to providing analysis of English case law, the book also includes authorities from other major Commonwealth jurisdictions to give the most complete interpretation of the law on this specialist area. All key recent cases relating to professional indemnity insurance are covered, for example Omega Proteins Ltd v. Aspen Insurance UK Ltd [2010] EWHC 2280 (Comm) and ACE European Group v. Standard Life Assurance Ltd [2012] EWCA Civ 1713. Additionally, the new edition considers statutory developments since the last edition, most notably the Third Parties (Rights Against Insurers) Act 2010 and the Insurance Act 2015, and topical issues such as aggregation of claims.

The State Children's Health Insurance Program (CHIP) is a means-tested program that provides health coverage to targeted low-income children and pregnant women in families that have annual income above Medicaid eligibility levels but have no health insurance. CHIP is jointly financed by the federal government and states, and the states are responsible for administering CHIP. Under the CHIP program, the federal government sets basic requirements for CHIP, but states have the flexibility to design their own version of CHIP within the federal government's basic framework. As a result, there is significant variation across CHIP programs. This book describes the basic elements of CHIP, focusing on how the program is designed, who is eligible, what services are covered, how enrollees share in the cost of care, and how the program is financed. The book also includes a brief discussion of the future of CHIP. Furthermore, this book examines provisions of H.R. 2, which is the Medicare Access and CHIP Reauthorization Act (MACRA) of 2015; CHIP financing, beginning with an explanation of the federal matching rate; and the ACA MOE requirement for children if federal CHIP funding expires.

RISK IS UNCERTAINTY AS TO LOSS... RISK IS OMNIPRESENT AND ALL PERVASIVE... INSURANCE PROTECTS AGAINST THE ECONOMIC LOSS CAUSED BY RISK This book provides an actionable approach to the functions of the insurance industry in an easy to use examination of property, liability, life and health insurance coverages plus information on the basics of a risk management program.

Prior to the September 2001 terrorist attacks on the United States, insurers generally did not exclude or separately charge for coverage of terrorism risk. The events of September 11, 2001, changed this as insurers realized the extent of possible terrorism losses. Congress responded to the disruption in the insurance market by passing the Terrorism Risk Insurance Act of 2002 (P.L. 107-297). The goals of TRIA are to (1) protect consumers by addressing market disruptions and ensuring the continued widespread availability and affordability of commercial property/casualty insurance for terrorism risk; and (2) allow for a transitional period for the private markets to stabilize, resume pricing of such insurance, and build capacity to absorb any future losses, while preserving state insurance regulation and consumer protections. The book looks at issues surrounding TRIA.

Die Autorin untersucht Inhalt, Umfang und Modifizierbarkeit der gesetzlichen Kundigungsvoraussetzungen bei der Kundigung von auf die Person eines Dritten genommenen privaten Krankenversicherungsvertragen. Typischerweise handelt es sich um die fur ein Kind oder einen Ehegatten geschlossene Krankenversicherung zur Erfullung der allgemeinen Krankenversicherungspflicht. Im Fokus der Untersuchung stehen die Auswirkungen der wegen des sozialen Regelungszwecks eingeschrankten Privatautonomie der Vertragsparteien. Unter Berucksichtigung verschiedener hoechstrichterlicher Entscheidungen wird das bestehende Regelungsgefuge auf seinen konkreten Regelungsgehalt und -umfang sowie bestehenden Reformbedarf untersucht. Die Autorin unterbreitet insofern Vorschlage zur konkreten Reformierung der Vorschriften.

Following the chaotic effects of the global financial crisis on European financial markets, the legislative regime introduced by the European Union (EU) represents a dramatic new approach to bank insolvency law, and will have a profound effect on the way banks function. The second edition of EU Banking and Insurance Insolvency evaluates these important developments and their implications for the Eurozone countries. A comprehensive general introduction sets out the EU insolvency law framework and the principles which govern financial institutions. The book provides detailed commentary on the Bank Recovery and Resolution Directive (BRRD) and Single Resolution Mechanism Regulation (SRMR), the legislative instruments central to the EU's response to the crisis, intended to harmonize Member States law. It considers the new powers given to government authorities under the BRRD to write down shares and debt instruments issued by banks, and the function of the newly created 'Single Resolution Board'. Commentary on the Winding-Up Directive (2001/24/EC) and the Insurance Insolvency Directive (2001/17/EC) discusses the significant changes these statutes have undergone as a consequence of the adoption of the BRRD and SRMR, as well as several high-profile court cases decided on the interpretation of these two statutes, including the Landsbanki and Kaupthing cases, and the Lehman Brothers, Isis Investments, and Heritable Bank cases. This is an invaluable practitioner guide to the new European banking insolvency regime, written by experts in the field.

This fifth volume in the series comprises ten contributions written by an expert team of academics and practitioners. Collectively they analyse and expound many of the contemporary legal issues and debates in the law and practice of marine insurance. The new volume is not to be considered as a "new edition" superseding the earlier volumes. To the contrary, it extends on the previous coverage and contributes to the expanding coverage of the series. It achieves this by introducing new topics for analysis and by noting significant developments in themes considered in earlier volumes, thereby providing a useful tool for keeping abreast of an ever developing body of judicial law. This volume tackles topics such as the impact of the Insurance Act 2015 on remedies and the pre-contractual duty of insurers, as well as a contribution from Professor Wilhelmsen on the state ship arrest as a peril under the Nordic Marine Insurance Plan and London terms. It explores the impact of Brexit on jurisdiction in marine insurance whilst also dedicating time to the comparison of US and English law relating to the duties of brokers, and analyses the "but for" test in marine insurance as well as historical development of the law relating to fraudulent claims. Alongside many other important topics, this book meticulously examines Direct and Third-Party claims against P & I Insurers, Passenger liabilities and class actions, Seaworthiness and the operation of the MIA 1906 s.39 post Insurance Act 2015 and the insuring of autonomous and remote-controlled vessels. This book is essential reading for maritime lawyers, brokers and insurance market practitioners, academics, and companies associated with the marine insurance markets worldwide.

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 book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law.
Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.

Questions of insurance arise in virtually all constructions cases. Providing a much-needed guide to the complex interface between insurance law and construction projects, this fully revised and updated second edition of Insurance Law for the Construction Industry will be of practical everyday use to both contentious and non-contentious lawyers. Written by an experienced team of practising solicitors from Reynolds Porter Chamberlain LLP, this work combines an overview of the relevant insurance law with the specific detail specialists will require. The book provides comprehensive coverage of the issues involving insurance encountered in the process of construction. It gives practical answers to all the problems likely to be encountered when negotiating construction contracts, insurance policies or insurance claims. Insurance Law for the Construction Industry is divided into four clear sections for ease of reference. It begins with an exposition of the principles of insurance law and then describes in detail the typical clauses found in insurance policies, the policies to be taken out by standard form construction contracts and how insurance is distributed and regulated. The many strands of insurance law are expertly drawn together to provide an excellent point of reference for all those working in this sector.

This concise and accessible guide to reinsurance law is an easy-to-read specialist reference focusing solely on reinsurance. The second edition builds on the success of the first which filled a gap in the market for an easy to use and pithy explanation of the law in this field avoiding the need to recount the whole of general insurance law. With usability and practicality in mind a number of features have been further developed in this edition. The authors have provided more guidance on areas which are undecided by the courts such as Follow the Settlements, incorporation, non-disclosure, and misrepresentation. Areas of complexity such as the role of good faith in reinsurance contracts have also been given greater coverage in this second edition. Also new to this edition is a glossary of reinsurance terms which helps to make the volume even more accessible. This book is both practical and authoritative, and is successful in isolating the key issues in reinsurance law to provide an easy and reliable reference source. It is a must-have work for all reinsurance practitioners.

The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.

The Law of Assignment is the leading text on the law relating to intangible property or choses in action. Its clear and approachable structure covers all forms of intangible property (debts, rights under contract, securities, intellectual property, leases, rights/causes of action and equitable rights), considering the nature of intangible property, how it comes into being and how it is transferred or assigned. The first part of the book analyses the general principles regarding intangibles and their transfer, and the second examines the practical considerations relating to particular types of intangibles, securities, insurance contracts, leases and intellectual property under the law. The third edition includes new chapters on powers of attorney and factoring, areas particularly important to legal practice. Other significant developments include the expansion of the chapter on leases to include leasing of chattels, and more material on securities, especially regarding the operation of settlement systems.

The law of marine insurance constitutes a major branch of the law of international trade and shipping law which is of considerable international importance. This new edition gives a clear, updated account of English marine insurance law, combining detailed analysis of modern statute and case law with a clear comprehension of practice and commerce in the shipping world. The discussion embraces not only the constantly evolving case law, but also standard forms and clauses (including the 2003 International Hull Clauses), and the rules of mutual insurance associations. Coverage includes all relevant areas of general insurance contract law as well as all issues of specifically marine insurance law. The entire text of the second edition has been considered afresh and includes significant new or additional material in particular relating to: historical background, insurable interest, policy formation, the doctrine of utmost good faith, premiums, policy interpretation, excluded losses, third party rights, losses, claims, aversion and minimisation of loss, insurers' contribution rights, and composite policies. Presenting a revised structure with the practitioner in mind, this new edition includes a new chapter on interpretation and rectification of insurance contracts.

The book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date. Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK's, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with breaches of insurance warranties and demonstrates that this would consistently deliver better outcomes than any of the existing attempts at reforming this area of the law. Providing an unprecedented multi-jurisdictional review of the law on insurance warranties and in particular the treatment of warranties in the Insurance Act 2015, as well as outlining an innovative and radical alternative approach to reform, the book will be of considerable interest and value to practitioners, academics and students, as well as to other common law jurisdictions contemplating reform of this area of the law.

With the rapid development of China's insurance industry and the opening of the Chinese insurance market to the world, Chinese insurance law and regulation has become an increasingly relevant topic for insurance practitioners and academics. The Regulation of Insurance in China therefore provides a much needed analysis of the Chinese regulatory system. This is the first systematic text written in English on the regulation of insurance in China and provides a comprehensive and systematic analysis of rules of law and administrative regulations on China's insurance industry and insurance market, covering four level of regulatory hierarchy the statutory law, the regulations enacted by the central government (the State Council), the regulations developed by the insurance supervision and regulation authority of the State Council, and self-regulations by the insurance industry. This book is essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for lawyers practising insurance law. It is also a useful resource for students and academics studying Chinese law.

Reinsurance is a financial market that trades in the risk of unpredictable and devastating disasters - such as Hurricane Katrina, the Tohoku earthquake and tsunami, and the terrorist attacks on the World Trade Centre. Such disasters are increasing in both frequency and severity, with the cost of their losses mounting rapidly. Reinsurance insures insurance companies, enabling them to pay claims arising from these losses. It is thus a market mechanism that is a critical part of the social and economic safety net, helping to pick up the pieces after disasters. Yet, how is the risk of such disasters calculated and traded in a global market? This book brings to life the reinsurance market through vivid real-life tales that draw from an ethnographic, "fly-on-the-wall" study of the global reinsurance industry over three annual cycles. The authors shadowed underwriters around the world as they traded risks through multiple disasters. For instance, this book takes readers into the desperate hours of pricing Japanese risks during March 2011, while the devastating aftermath of the Tohoku earthquake is unfolding. To show how the market works, the book offers authentic tales gathered from observations of reinsurers in Bermuda, Lloyd's of London, Continental Europe and SE Asia as they evaluate, price and compete for different risks as part of their everyday practice. Understanding how this market for disasters works has never been more critical given the impact of climate change and increased global connectivity, where a flood in one country can trigger losses to supply chains around the world. The authors develop a novel concept of how global markets work, which advances scholarship and challenges current thinking about how financial markets trade in intangible assets such as risk. This book will be useful to readers interested in markets for disasters, insurance, reinsurance and financial markets, and academics interested in the practice of financial markets specifically or the practice of strategy and organizations generally.