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Construction All Risks Insurance

Construction All Risks Insurance
4th Edition
ISBN:  9780414123151
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2024
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Construction All Risks Insurance is essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, Construction All Risks is the go-to guide looking for answers in construction insurance.

  • Covers the fundamentals of Construction All Risk Insurance from its origins in the Marine Insurance Act of 1906 to current day practice, going through the processes and pitfalls involved in CAR claims
  • Contains comprehensive practical advice for those dealing with CAR insurance claims, with coverage of disputes and the application of insurance law to commercial insurances
  • Explains the need for insurance and highlights particular areas for concern such as Institute Cargo Clauses and Aviation
  • Examines the structure of CAR policies, giving practical advice on the drafting of various clauses, including rectification, fortuity, loss and damage clauses and warranties
  • Discusses the wide range of exclusions that can apply to CAR policies and their significance, including defect and standard exclusions
  • Takes into account the difficult areas of causation and co-insurance
  • Includes example policy clauses and precedent materials
  • Includes guidance on the claims procedure as well as marine, aviation and property risks

The fourth edition has been revised and updated, including:

  • substantial revision of The Marine and Aviation chapters;
  • new commentary on coinsurance dealing with recent cases including:
  • the Supreme Court's decision in MT Polar;
  • the Court of Appeal's decision in RFU v Conway;
  • reviews of US cases including:
  • South Capitol Bridgebuilders v Lexington Insurance Company and SCB v Lexington regarding the meaning and application of the LEG 3 standard defects exclusion;
  • and revised commentary on the meaning of damage following the Commercial Court's decision in Sky and Mace v Riverstone.

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CONTENTS

  1. Introduction
  2. The allocation of risk in construction contracts
  3. Common features of contractor’s all risk policies
  4. The placing and formation of the contract
  5. Misrepresentation, fraud and the duty of utmost good faith
  6. Interim insurance
  7. The insured
  8. Insured property
  9. Fortuity
  10. The indemnity
  11. Warranties and other types of insurance terms
  12. Principles of construction and rectification
  13. Loss and damage
  14. Exclusions
  15. Defects and defect exclusions
  16. Extensions to cover
  17. Public liability
  18. Causation
  19. Co-insurance
  20. Claims procedure
  21. Proof
  22. Payment
  23. Marine all risks
  24. Aviation all risks
  25. Property all risks
  26. Precedents

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