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MacGillivray on Insurance Law
MacGillivray on Insurance Law
14th Edition
Series:  Insurance Practitioner's Library
Practice Area:  Insurance Law
ISBN:  9780414067493
Published by:  Sweet & Maxwell
Publication Date:  04 Sep 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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MacGillivray on Insurance Law is the established authority on non-maritime commercial insurance and risk. For over one hundred years it has been a trusted text for providing comprehensive and clear guidance through its examination of the most recent cases and legislative developments. Covering general principles, particular classes of business and the parties involved, it is a must-have title for anyone seeking advice on insurance law.

The fourteenth edition has been updated to include:

  • Analysis of the highly significant Supreme Court case of Wood v Capita Insurance Services on construction
  • Looks at the Supreme Court decision in Brownlie v Four Seasons Holdings Inc and all the latest developments following its ruling in Patel v Mirza
  • Commentary on the ECJ case Van Hove v CNP Assurances SA concerning unfair terms
  • Numerous Court of Appeal decisions including Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc on aggregation, Western Trading Limited v Great Lakes Reinsurance (UK) Plc on reinstatement, and Maccaferri Ltd v Zurich Insurance Plc on notice of loss
  • The chapter on warranties has been significantly revised to take account of statutory reforms, whilst retaining full account of the previous law where still relevant
  • The aviation chapter has been updated with two new international conventions covering compulsory insurance: the General Risks Convention and the Unlawful Interference Compensation Convention
  • Fully updated references throughout the book to acknowledge changes introduced by the Insurance Act

Key features:
  • Comprehensive guidance on non-maritime commercial insurance and risk through the analysis of cases and legislation.
  • Detailed explanations of insurance law and its practical application are provided in three distinct sections:
    • The general principles and rules concerning commercial insurance, risk, and loss.
    • Different classes of business including life insurance, personal accident policies, property, motor vehicle, and aviation.
    • The parties involved with chapters on insurance companies, Lloyd’s policies, and the role of agents.
  • Examines the rules on the formation, drafting, and termination of insurance contracts.
  • Explains the key principles of good faith, warranties, and the duty of disclosure.
  • Advises on the Insurance Act 2015 as it comes into effect, the changes to the law, and the consequences on disputes concerning the new law.
  • Defines insurance and insurable interest.
  • Looks at issues of fraud, misrepresentation, and non-disclosure by third parties.
  • Outlines how insurance policies are constructed while explaining the meaning of words and addressing inconsistencies in phrasing.
  • Covers the rules of payment, renewal, and non-payment of premiums.
  • Analyses the rights of two or more insurers and third party rights.
  • Comparison of English law with Scotland, the USA and the Commonwealth.

Section 1: General Principles
1 Nature of Insurance and Insurable Interest
2 Formation of the Contract
3 Form of the Contract
4 The Period Prior to Issue of the Policy
5 Execution and Delivery of Policy
6 Commencement and Termination of Risk
7 Payment of Premium
8 Return of Premium
9 Salvage Premiums
10 Warranties and Other Policy Terms
11 Construction of Policies
12 Rectification
13 Conflict of Laws
14 Illegality
15 Mistake
16 Misrepresentation
17 Good Faith and the Duty of Disclosure
18 Fraud, Misrepresentation and Non-disclosure by Third Parties
19 Consumer Insurance (Disclosure & Representations) Act 2012
20 The Insurance Act 2015
21 The Loss
22 The Claimant
23 Reinstatement
24 Subrogation

Section 2: Particular Classes of Business
25 Rights of Two or More Insurers
26 Life Insurance
27 Personal Accident Policies
28 Property Insurance: Fire policies
29 Property Insurance: Other Insurances on Property
30 Third Party Risks
31 Motor Vehicle Insurance
32 Aviation Insurance
33 Insurance Against Pecuniary Loss
34 Contractors’ Risk Policies
35 Reinsurance

Section 3: Parties
36 Insurance Companies
37 The Course of Business at Lloyd’s
38 The Role of Agents in Insurance Business

“Whether insurance law specialist or not, every lawyer should have a copy of this latest MacGillivray in his or her professional library.”

- Elizabeth Robson Taylor and Phillip Taylor MBE, of Richmond Green Chambers.

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