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.

* The new edition will be fully revised and updated by Simon Rainey QC, Guy Blackwood and David Walsh, all marine insurance practitioners at Quadrant Chambers and is an essential guide to the provisions of the Act * The new edition remains faithful to Chalmers' objectives when writing his 1901 Digest of The Law of Marine * Most if not all of Sir Mackenzie Chalmers' footnotes and annotations are preserved so that readers are able to see what he intended to achieve/codify in the Act, providing a full historical archive * Important cases since the 10th edition are included What makes the book unique is the fact that it is far more than a piece of annotated legislation in that it includes case law with analysis and puts the decisions made in the individual cases into the context of Act. There is no other book or electronic service that does this. As marine insurance is encompassed by the Marine Insurance Act 1906 this book provides the user with an unrivalled guide to, and understanding of how the Act has evolved and how it is implemented in practice. It is a desk top, every day reference tool for anyone involved in any of the aspects of marine insurance. Important cases since the 10th edition such as The Cendor MOPU 2011] 1 Lloyd's Rep. 560, The Bunga Melati Dua 2011] 1 Lloyd's Rep. 338, The WD Fairway 2009] 2 Lloyd's Rep. 191, 2009] 2 Lloyd's Rep. 420 and The Jordan II 2005] 1 Lloyd's Rep. 57 will be covered in the discussion on the relevant sections of the Act. These are just some of the more recent cases, but there has been a plethora of case law since the last edition published in 1993 which is covered such as The Resolute 2008] EWCA Civ 1314 and The Marina Iris 2005] SGHC 238. About the authors: All the authors are from Quadrant Chambers. Quadrant Chambers holds a pre-eminent international position in all aspects of the shipping sector and is viewed as one of the leading shipping sets internationally. Simon Rainey, QC has been cited for many years as a Leading Silk in the areas of Shipping by Legal 500 and Chambers and Partners. Guy Blackwood is listed as a leading junior by Chambers & Partners in the category of insurance & reinsurance. David Walsh is a junior and began his career at the Bar acting for the London insurance market in the complex and extensive marine insurance litigation arising from the constructive total loss of the "WD FAIRWAY," the largest navigational CTL ever experienced by the London market.

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.

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.

Are you fully prepared for the implementation of the Senior Managers and Certification Regime across financial services firms and the related regulatory scrutiny on conduct and accountability? The 2008 financial crisis sparked major changes in global financial services regulation with attention and resources focused on the behaviour of firms and senior individuals and how they conduct their business. Regulatory reforms have been designed and implemented globally to address accountability and conduct in financial services. In the UK this has resulted in the Senior Managers and Certification Regime (SM&CR) being implemented across all FSMA-regulated firms. Conduct and Accountability in Financial Services: A Practical Guide provides comprehensive and expert guidance on how best to implement and comply with the SM&CR. In addition to acting as a guide to rule book requirements and regulatory expectations, it provides an in-depth look at the implications of the global focus on culture and conduct risk. A must-read text for all staff in UK financial services firms, professional associations, industry bodies, regulators, academics and advisers to financial services organisations, it covers: The context and regulatory basis for SM&CR including an overview of the development and roll-out of the regime Analysis of key changes from the previous 'approved person' approach Practical considerations for HR, internal audit and non-executive directors The increasing role of culture and conduct risk A practical overview of enforcement, penalties and learning lessons from enforcement actions Overarching principles of how to manage personal regulatory risk Regulatory relationship management The impact of technology An overview of related global developments Appendices with timeline, bibliography and a selection of other useful sources for senior managers Conduct and Accountability in Financial Services: A Practical Guide is on the syllabus reading list for the Regulation and Compliance exam offered by the Chartered Institute of Securities and Investments.

Clarifies the characteristics of shipping, reinsurance and construction chain contracts and how these contracts are structurally formed. The first book to focus on the legal question of the incorporation of arbitration clauses. Relevant to lawyers, practitioners and students dealing with arbitration in shipping, insurance and construction law within English or Singaporean jurisdictions.

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.

The winner of the 2020 British Insurance Law Association Book Prize, this timely, expertly written book looks at the legal impact that the use of 'Big Data' will have on the provision - and substantive law - of insurance. Insurance companies are set to become some of the biggest consumers of big data which will enable them to profile prospective individual insureds at an increasingly granular level. More particularly, the book explores how: (i) insurers gain access to information relevant to assessing risk and/or the pricing of premiums; (ii) the impact which that increased information will have on substantive insurance law (and in particular duties of good faith disclosure and fair presentation of risk); and (iii) the impact that insurers' new knowledge may have on individual and group access to insurance. This raises several consequential legal questions: (i) To what extent is the use of big data analytics to profile risk compatible (at least in the EU) with the General Data Protection Regulation? (ii) Does insurers' ability to parse vast quantities of individual data about insureds invert the information asymmetry that has historically existed between insured and insurer such as to breathe life into insurers' duty of good faith disclosure? And (iii) by what means might legal challenges be brought against insurers both in relation to the use of big data and the consequences it may have on access to cover? Written by a leading expert in the field, this book will both stimulate further debate and operate as a reference text for academics and practitioners who are faced with emerging legal problems arising from the increasing opportunities that big data offers to the insurance industry.

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.

Marine Insurance: Law and Practice, Second Edition, continues to provide the most comprehensive and integrated account of the English law and practice of marine insurance. It provides readers with a fresh and up-to-date review of the modern law in the light of traditional principles and rules of underlying commercial law, and the specific statutory rules of marine insurance as interpreted by case law, as moderated in practice by market practices and standard form marine insurance clauses. Francis Rose clarifies the law s underlying framework of principles and illustrates how it works in common contractual situations, explaining how the different components of the law interact.

The new edition has been updated to incorporate:

the most recent case law: there have been some very important judgments handed down since the book first published, including: The Cendor MOP, The Silva, The Resolute and The Marina Iris
the implications of the introduction of: Institute Cargo Clauses 2009, the effect of the Gambling Act 2005 and the Third Parties (Rights Against Insurers) Act 2010 Law Commission reform proposals

The book explores in detail the following areas:

the nature of insurance
insurable interest
the insurance contract
the premium
insured risks
marine risks
exclusions
losses
claims
subrogation
double insurance

The Catastrophe Obligation Guarantee Act, introduced in Congress in 2009, would authorize the federal government to provide committed loan guarantees to qualified state catastrophe-insurance programs. Proponents argue that lower-cost catastrophe insurance could reduce federal disaster-assistance expenditures. This report estimates the law's potential effects in California.

No-fault regimes, a formerly popular alternative to the tort compensation system for auto-accident victims, have gradually lost support. Over time, premiums and claim costs have grown in no-fault states relative to other states, primarily driven by explosive medical cost increases. No-fault and tort states have also converged across many domains affecting costs, including excess claiming, litigation patterns, and noneconomic-damage payments.

The Institute of International Shipping and Trade Law held a symposium in July 2008 at Lloyd's of London on the Law Commissions' Reform Proposals on Marine and Commercial Insurance. Reforming Marine and Commercial Insurance Law is based on thought provoking discussions at the symposium. The book provides a comprehensive, coherent, and practical legal analysis of the work currently undertaken by the English and Scottish Law Commissions with a view to reforming the current legal regime. Written by a team of experts from the legal profession, insurance market, and academia, the book offers a critical discussion on the legal and practical implications of planned law reform in this area. Table of contents include: Reforming Pre-contractual Information Duties of the Assured: A Case against the Reform Reforming Pre-contractual Information Duties of the Assured: A Case for the Reform Reforming Pre-contractual Information Duties of the Intermediaries of the Assured Reforming Pre-contractu

In this book, Professor Malcolm Clarke provides a stimulating, critical introduction to the English law of insurance contracts, presenting the rules in both their legal and socio-economic contexts. He sets out the principles behind the law in a clear manner, moving on to explore the implications of certain rules in order to examine the importance of effective insurance and effective insurance law in modern society. Comparative reference is made to the corresponding rules in common law countries and also in major jurisdictions in western Europe, providing a thought-provoking wider view of the relevant law. The book illustrates the different perceptions of insurance and of insurance law that are to be found amongst lawyers, insurers, and policy-holders. In particular, it argues that the perception of many people, and also not least of many judges, is that if any dispute arises with insurers, insurers have an unfair advantage under the law. Moreover, this is in fact usually the case, if insurers choose to use their advantage. By presenting the rules of insurance contract law in the wider context of contract law at large, the book seeks to demystify them and to challenge the assumption that insurance law is or ought to be greatly different from other parts of the law. In particular, he argues that insurance contract law should be available and intelligible to serious enquirers, lawyers, and non-lawyers alike.

This book provides a much-needed analysis of this very important subject for international business lawyers,including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means. This book is the first published in England to devote itself to a detailed analysis of the choice of laws rules in the E.C. Insurance Directives. It is aimed at academics and practitioners, at private international lawyers and at insurance lawyers. The private international law rules of the E.C. Insurance Directives deal with the applicable law to insurance contracts covering risks situated within the EU. They do not deal with the applicable law to reinsurance contracts and insurance contracts covering risks situated outside the EU. This should be ascertained by reference to the choice of laws provisions in the 1980 Rome Convention on the law applicable to contractual obligations. Detailed discussion of these rules is also provided, and proposals for reform suggested.

Construction Insurance and UK Construction Contracts has long been the premier text for legal professionals looking for a combined analysis of construction contracts and their relation to insurance law. In a new and updated third edition, this book continues to provide in-depth commentary and pragmatic advice on all the most important regulations and policies surrounding contracts and insurance in the construction industry. This book covers subjects such as: Minor, intermediate and major project construction contracts Classes of insurance contract The role of insurance brokers Risks in construction and legal liability Professional indemnity insurance and directors' and officers' liability insurance Bonds and insurance Latent defect insurance Property insurance Health and Safety and Construction Regulations Contract Insurance FIDIC, JCT and NEC 3 regulations PFI/PPP projects in the UK Dispute resolution This book is a vital reference tool and practical guide for lawyers and in-house counsels involved in the construction industry as well as project managers, quantity surveyors, construction contractors, architects and engineers needing advice from an experienced legal perspective.