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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.
The Internal Market Act 2020 provides the foundation for freedom of
trade within the UK following Brexit. The Act is a central element
of the UK's constitutional infrastructure. By enabling goods and
services that are lawfully made or sold in one of the UK's four
constituent parts to be marketed and sold across the rest of the
UK, the Act exerts a practical brake on regulatory divergence,
because higher regulatory standards imposed by legislation in one
part of the UK may have little practical effect unless these
standards are also adopted in the UK's other three constituent
parts. The Act will therefore be a strong force compelling
cooperation between the four legislatures' regulatory standards and
will be a powerful tool for lawyers challenging regulatory rules.
As well as impacting almost every area of business and trade, the
Act also touches the lives of individuals and provides the UK
Government with powers to fund economic and cultural activities on
a UK wide basis despite the devolution settlement. This
Blackstone's Guide explores the Act's provisions in a succinct and
practical manner, supported by worked examples and comparative
insights from EU internal market and competition law.
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 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.
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