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Insurable Interest and the Law (Hardcover)
Loot Price: R3,877
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Insurable Interest and the Law (Hardcover)
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This book assesses the role of the doctrine of insurable interest
within modern insurance law by examining its rationales and
suggesting how shortcomings could be fixed. Over the centuries,
English law on insurable interest - a combination of statutes and
case law - has become complex and unclear. Other jurisdictions have
relaxed, or even abolished, the requirement for an insurable
interest. Yet, the UK insurance industry has overwhelmingly
supported the retention of the doctrine of insurable interest. This
book explores whether the traditional justifications for the
doctrine - the policy against wagering, the prevention of moral
hazard and the doctrine's relationship with the indemnity principle
- still stand up to scrutiny and argues that, far from being
obsolete, they have acquired new significance in the global
financial markets and following the liberalisation of gambling. It
is also argued that the doctrine of insurable interest is an
integral part of a system of insurance contract law rules and
market practice. Rather than rejecting the doctrine, the book
recommends a recalibration of insurable interest to afford better
pre-contractual transparency to a proposer as to the suitability of
the policy to his or her interest in the subject-matter to be
insured. Providing a powerful defence for the retention of
insurable interest, this book will appeal to both academics and
practitioners working in the field of insurance law.
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