Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.

Unique in its depth of coverage and currency, Houseman's Law of Life Assurance has established a well-deserved reputation as an authoritative practitioner work on life assurance and is renowned for its practical insight into the workings of the industry. In addition to being fully updated to take account of new legislation and case law the new 15th edition also covers developments including: Significant structural changes to the UK regulatory framework since the 14th edition and in particular the creation of the Prudential Regulation Authority (PRA) and the Financial Conduct Authority each with their own different statutory objectives; Creation of the PRA and the introduction of a new rulebook with a different structure for conveying regulatory guidance; Implementation of the Solvency II Directive which has made fundamental changes to the way insurers calculate their capital, invest their assets and govern their businesses; Changes to insurance law on misrepresentation and warranties and the new duty on consumers to take reasonable care not to make a misrepresentation and on non-consumers to make a fair presentation of the risk; New e-commerce chapter to reflect the growing importance of this distribution channel for life insurance products; Anticipated changes to the regime applicable to insurance distribution because of the Insurance Distribution Directive and rules relating to packaged insurance investment contracts, including the impact on remuneration of intermediaries; Changes to the UK compensation scheme for insurance policyholders.

This book reviews the current state of the U.S. market for natural disaster insurance and offers a high level overview of natural catastrophes, insurance, and mitigation. In particular, the book provides an overview of the insurance-related implications of natural catastrophes, including a discussion of insurance products that protect homeowners and communities. Specific insurance products covering damages caused by natural catastrophes are also discussed in the context of state-operated insurance programs, flood and earthquake insurance, and public efforts in support of mitigation.

There are seemingly endless uncertainties in life. One thing is almost certain for Medicare beneficiaries; you will face an unexpected health event. In the Medicare environment there are only really two ways in which you can eliminate the risks imposed by original Medicare coverage. In this book I outline how these options emerged in legislative history, their comparative strengths over all other plans in the market, and the practical steps you can take to use those options to your advantage.

Insurance companies make billions of dollars by minimizing soft tissue injury claims. They are highly skilled at using strong tactics to accomplish this goal. Many individuals who suffer from injuries related to automobile, semi trucks, or motorcycle accidents often realize this far too late. Now, seasoned personal injury attorney B.J. Kelley draws from decades of experience to provide anyone suffering from an accident with an effective plan of action to manage the claim process. Soft Tissue Injuries and Hard Ball Tactics: Dealing With Soft Tissue Injuries and Insurance Companies is a straightforward, step-by-step "how to" manual to help anyone overcome the daunting hurdles that insurance companies put forth to minimize personal injury claims. The average person is typically not equipped to deal with the carriers on their own. In fact, many of those who incur accident-related injuries simply believe they are just "a little sore" and expect to improve within a few days. However, there is often a delay in the onset of soft tissue pain so that the pain doesn't present until well after a person has foregone an attorney's counsel and made statements that indicated that all was well. Regrettably, this all-too-common course of events may work to your disadvantage when ultimately filing a soft tissue claim. To avoid pitfalls of this nature, Kelley clearly maps out every aspect of this all-important scenario. The book first details the motivations of the insurance companies. It then lays out the carriers' standard procedures and discusses why your own company won't necessarily help you after an accident. The author then itemizes the do's and don'ts you should consider after you've been in a wreck, from calling the police to hiring an attorney. He then defines a soft tissue injury, and the reasons the injury may not be immediately evident after a collision. The book also discusses medical treatment, the challenges of soft tissue injury cases, and what to expect from your attorney during the course of your case. When it comes to soft tissue injuries, information will give you the crucial power you need to handle your claim, and get the treatment to which you are entitled for as long as you may require it. Clear, concise, and indispensable, Soft Tissue Injuries and Hard Ball Tactics: Dealing With Soft Tissue Injuries and Insurance Companies can help ensure that the pain of an accident can be minimized in every way. Read it-and reap the coverage you have coming.

A guide to purchasing the proper automobile insurance in Maryland. This guide will tell you what each part of the insurance policy means, and why you need it.

This brand new book provides an authoritative working guide to consumer insurance law. It takes the form of a multi-authored handbook explaining the reforms brought about by the Consumer Insurance (Disclosure and Representations) Act 2012 and the impact these reforms will have on consumer insurance law. Contents includes: Consumer insurance - the current law on pre-contractual information; Self-regulation and the failure of previous reform initiatives; The FSA - the impact of rules, guidance and TCF initiatives; The Financial Ombudsman Service - its role and approach and the effect of its decisions; The Law Commissions' reform proposals and the impact of the new Act; Perspectives; Looking forward - what's next on the reform agenda?; Preparing for change; Looking forward - what's next on the reform agenda? Also includes appendices containing the text of the self-regulatory codes, the relevant FSA rules and the new Act.

The other driver's insurance company has agreed to pay the cost to repair the collision damage to you new car, but is that all there is. No, you could be entitled to more. The section dealing with automobile property damage will disclose some cash you may have overlooked. You or a resident relative hits an errant shot on the golf course and instead of its intended destination, the ball smashes the windshield of another member's car on the parking lot. You are probably not legally liable for the damage, but you can be a "good guy" and pay the cost to repair under a special coverage in your homeowners' policy. Look at all the possibilities in "Infrequently Reported Homeowners Claims." As a member of a same sex marriage in a state where such unions are recognized, what are your rights with respect to the injuries or wrongful death of a spouse? See chapter "(Damages)" for a discussion of this question. The drunk driver who caused your injuries may not be your only source of retribution. Take a look at "Liquor Liability." A kitchen appliance you have not altered in any way causes a fire that seriously damages your home and injures you or members of your family. What are your rights with respect to claims against the manufacturer or vendor of the product?

Insurance Settlement Secrets Step By Step Guide To Get Thousands Of Dollars More For Your Auto Accident Injury Without A Lawyer By Matheson MacKinnon This book provides a behind-the-scenes look at how insurance companies process automobile accident injury claims. Knowing how insurance companies process these claims can make the difference of receiving thousands of dollars more for your Insurance settlement Written in plain English, the book gives readers all the tips they need to ensure they receive the settlement they deserve. Written by an insurance company insider who has worked in the industry for years and negotiated hundreds of injury settlements. Readers will learn: Steps to take if they are injured in a motor vehicle accident. How to deal with insurance companies when they call. How to take the advantage against the insurance company. What medical information is crucial to your claim. How to push the same buttons an experienced lawyer would push. When and how to negotiate for a fair settlement. "Insurance Settlement Secrets" shows readers how they can do all of this themselves without hiring an expensive lawyer. Publication Date: Aug 04 2008 ISBN/EAN13: 1551806908 / 9781551806907 Page Count: 216 Binding Type: US Trade Paper Trim Size: 6" x 9" Language: English Color: Black and White Related Categories: Law / Personal Injury

Section 215 of the FACT Act (FACTA)1 requires the Federal Trade Commission (FTC or the Commission) and the Federal Reserve Board (FRB), in consultation with the Department of Housing and Urban Development, to study whether credit scores and credit-based insurance scores affect the availability and affordability of consumer credit, as well as automobile and homeowners insurance. FACTA also directs the agencies to assess and report on how these scores are calculated and used; their effects on consumers, specifically their impact on certain groups of consumers, such as low-income consumers, racial and ethnic minority consumers, etc.; and whether alternative scoring models could be developed that would predict risk in a manner comparable to current models but have smaller differences in scores between different groups of consumers. The Commission issues this report to address credit-based insurance scores primarily in the context of automobile insurance. Credit-based insurance scores, like credit scores, are numerical summaries of consumers' credit histories. Credit-based insurance scores typically are calculated using information about past delinquencies or information on the public record (eg: bankruptcies); debt ratios (i.e., how close a consumer is to his or her credit limit); evidence of seeking new credit (e.g., inquiries and new accounts); the length and age of credit history; and the use of certain types of credit (e.g., automobile loans).

This book is intended as a complement to the authors' Insurance Law: Doctrines and Principles,following its general pattern but integrating the jurisprudence from other common law jurisdictions, particularly the USA, as a means of demonstrating how problems which have long confronted the English courts frequently receive different legislative/judicial responses elsewhere. Although the emphasis of the book lies with the case law spanning some two centuries, the authors introduce each section with a brief narrative designed to focus the reader's attention as he or she works through the cases. A critical approach is adopted and emphasis is given to major journal articles and to the current UK and EU reform agenda. Readership: undergraduates, external students taking the London LL.M Insurance Law course, CII candidates and those who lack access to a law library.

The Guide to Huge Cash Awards, Lifetime Payments & Maximum Money. By Jim "The Hammer" Shapiro. Learn how to wring Maximum Money Awards out of: Smug Insurance Companies; Rich, Greedy Corporations; Evil Landlords; and Crooked Stock Brokers.

Full of tips, case studies, tables and checklists this new title sets out the parameters of liability in respect of potential and actual cyber insurance claims and examines the significant areas where such claims will have the greatest impact. Covering First and Third party insurance, it provides the answers to questions such as: What is the extent to which a data breach can be protected or mitigated against by having suitable insurance in place? How does having insurance interplay with obligations under the GDPR? To what extent can insurance be used to safeguard driverless cars, drones and other AI-machines? How can insurance companies assist when hackers hold companies to ransom after stealing data? How can insurance assist with smart contracts on the blockchain and for potential coding errors? How can insurance mitigate against the hacking of online systems of manned ships?

The 4th edition of this leading introductory text - now under the sole authorship of Rob Merkin QC - provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed primarily for undergraduate and postgraduate students, but is also a useful resource for those in the insurance industry studying for professional examinations and legal practitioners who need a concise guide to the legal principles. The text is enhanced by extensive citations to case law and academic commentaries; and a new companion website delivers annual case law updates. This new edition has been substantially rewritten in light of the transformation of insurance law in recent years. The text has been revised to include new legislation and coverage of the effects of Brexit. However, the approach and - where possible - the analysis of John Lowry and Philip Rawlings have been retained. The first part of the book considers the regulation of insurance business and the general principles underlying the law of insurance contracts. The second part examines the way those principles are shaped by the context in which they operate. A new chapter with case studies on COVID-19, earthquakes, and mesothelioma applies the principles to the problems and uncertainties for insurance law revealed by catastrophic losses. This authoritative text offers a sound grasp of the current realities of insurance practice.