Revisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.

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.

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.

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.

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?