Home > Insurance Law > Law of Motor Insurance, The
EMAIL THIS PAGE TO A FRIEND
Email Page to a Colleague
(* Denotes required field)
* Colleague’s email address
* Your email address
* Subject
Message
The selected product information will be included in the email.
The email addresses you provide will not be used for any other purpose. You can view a detailed privacy statement here.
Your email has been sent.

Law of Motor Insurance, The

Law of Motor Insurance, The
2nd Edition
Series:  Insurance Practitioner's Library
Practice Area:  Insurance Law
ISBN:  9780414045194
Published by:  Sweet & Maxwell
Publication Date:  23 Sep 2015
Subscription Information:  Non-Subscribable Product
Format:  Hardback
PRODUCT INCLUDES:
Hardback
BUY NOW
£352.00
TOTAL:
Enter a promotion code if you have one. Note: discount applied at Checkout Review Section
Promotion code:

PRODUCT DESCRIPTION

Set up a standing order and save

The Law of Motor Insurance, 2nd edition is a completely revised version of the first edition taking account major developments in law and practice since the first edition was published.

It is the only major work of its type in the UK focusing on the specific framework of legislation (stemming from the Road Traffic Act), rules and regulations that have been set up to deal with the particular circumstances that arise in motor insurance law cases.

Motor insurance law covers the different types of insurance cover available to motorists, how policies are adapted for certain vehicles and all the other subjective factors which influence the level of a premium and the amount of cover.

It is increasingly international (especially within the EU) as international driving licences become more commonplace and people drive on an ad hoc basis through business and leisure.

 

Coverage:

  • Provides a comprehensive and detailed analysis of motor insurance law
  • Explains the general principles of insurance law for background
  • Deals specifically with the coverage afforded by motor policies
  • Shows how liability is established taking into account the general principles of liability, duty to care and breach of duty, the award of damages and available defences
  • Goes through compulsory insurance cover
  • Provides a practical step-by-step guide of how to pursue motor insurance claims, dealing with everything from pre-action conduct and case management to costs and after event insurance
  • Advises on how to deal with claims against uninsured and untraced drivers
  • Takes into account international travel, embracing European and non-European motorists using vehicles in the UK, and both UK motorists and victims inside and outside of Europe
  • Contains detailed analysis of all relevant legislation, regulations and cases, from within the UK, EU and outside the EU. Examines the implementation of the 5th EC Motor Insurance Directive, and potential Law Commission reforms to consumer contracts
  • Provides all the relevant information to make a claim to the Motor Insurers Bureaux (MIB) and accommodates recent changes to the MIB agreements.
  • The Law of Motor Insurance is written by a prolific author team. Professor Rob Merkin is considered to be one of the top writers on insurance law and is very well established as a leading academic – he is the Professor of Commercial Law and Lloyd’s Law Reports Professor of Law at Southampton University. Jeremy Stuart-Smith QC is a high-profile barrister in insurance law, at 4 New Square Chambers.


Highlighted new commentary includes:

  • Analysis of the new Motor Insurers’ Bureau Uninsured Agreement of July 2015
  • Changes to the Road Traffic Act 1988 
  • Implementation of the 5th EC Motor Insurance Directive
  • Amendments to the MIB Agreements
  • Significant effects of the Consumer Insurance (Disclosure and Representations) Act 2012 and Insurance Act 2015 considered in detail
  • Changes to the law on payment for medical treatment
  • Many new cases both on motor insurance and tort
  • Potential Law Commission reforms to consumer contracts
  • Large number of new UK and European cases on key areas such as ex turpi causa, the scope of the MIB Agreements and the compatibility of the UK regime with UK requirements
  • Decisions from other common law jurisdictions on standard wordings incorporated into the text
  • Major overhaul of procedures for making motor claims, including the Road Traffic Accident Protocol and the Civil Procedure Rules
  • Practical guidance coupled with thorough analysis of the most problematic areas

 

CONTENTS

Table of Contents

Framework of Motor Insurance Law

  • The Background
  • The Development of Motor Insurance Law in the UK
  • The EC Motor Insurance Regime
  • Regulation of Motor Insurance Business

General Principles of Insurance Law

  • Formation of the Contract
  • Insurable Interest
  • Assignment
  • Utmost Good Faith• Conditions and Warranties
  • Claims
  • Subrogation
  • Contribution
  • Intermediaries
  • Statement of General Insurance Practice 1986

The Coverage of Motor Policies

  • In General
  • Persons Covered by the Policy
  • Additional Risks Covered by Motor Policies
  • Limitations on the Use of the Vehicle
  • The Obligations of the Assured
  • The Measure of Indemnity Under Motor Policies

The Liabilities of Road Users

  • General Principles of Liability
  • Duty of Care
  • Breach of Duty
  • Damage
  • Defences

Compulsory Liability Cover

  • In General
  • Limits on the Obligation to Obtain Insurance
  • The Contract and the Insurer
  • The Certificate of Insurance
  • Meaning of Motor Vehicle
  • Places in which Insurance is Required
  • Activities to be Covered by Insurance
  • Scope of Cover
  • Liabilities for which Insurance is Required
  • Passengers
  • Employees
  • Liability Arising Under Agreement
  • Control of Policy Terms
  • Direct Action Against Insurer for Satisfaction of Judgment
  • Defences to Direct Action to Enforce Judgments
  • Primary Direct Actions Against Insurers
  • Insolvency or Death of User of Vehicle

Procedure for Motor Vehicle Claims

  • Introduction
  • Pre-Action Conduct
  • Alternative Dispute Resolution
  • Commencement of Court Proceedings
  • Case Management
  • Determination of a Case Without Trial
  • Costs
  • Application to Claims by Assureds Against Their Insurers
  • Application to Claims by Third Parties Against Assureds/Insurers
  • Conditional Fee Agreements
  • After the Event Insurance

Uninsured and Untraced Drivers

  • Role of the Motor Insurers Bureau Agreements
  • Claims Against the Motor Insurers Bureau
  • The Uninsured Drivers’ Agreement 1999
  • Claims Handling for Uninsured Driver Claims: Article 75
  • The Untraced Drivers Agreement 1996
  • Untraced Drivers Agreement 2003
  • Other Sources of Compensation


International Travel

  • Legal Framework
  • Non-European Motorist Using Vehicle in the UK
  • European Motorist Using Vehicle in the UK
  • UK Motorist Using Vehicle Outside Europe
  • UK Motorist Using Vehicle Within Europe
  • UK Victim in Accident Outside Europe
  • UK Victim in Accident Within Europe
  • Europe Resident Victim of Accident in the UK

Appendices

AVAILABLE ONLINE

Thomson Reuters Westlaw UKCLEAR. CLEVER. CONCISE

This title is also available on Westlaw UK, so that you can access it anywhere, anytime.

Having online access to the books you trust through Westlaw UK can add a whole new dimension to how you work with the commentary and guidance found across the breadth of our titles.

Westlaw UK's smart navigation, links to primary law in combination with the expertise within our portfolio of books providing you with a seamless, coherent, and integrated research experience every time you need to refer to the text.

Having access to your book through Westlaw means:

Enhanced contents pages

  • Find what you’re looking for with ease, with content displayed clearly in easy-to-read tables
  • Print, download or email entire chapters or sections using tick boxes by content sets
  • Choose the way you view content sets with collapsible and expandable sections

Firm-wide availability

  • Everyone has access, at all times

Links to primary law

  • Jump directly to the authority you need with links to cases, legislation and journals

You can print/download/email

  • Print, download and email your documents quickly, for use offline or to share with colleague

Access chapter PDFs

  • Download chapters as they appear in print, ready for presentation in court

Supplement PDFs

  • Download whole supplements to a main edition in PDF, ready for court

PDF supplement navigation

  • Browse PDFs with ease using navigational aids and links within the document

A-Z indexing

  • Browse directly to the letter you wish to search, without having to navigate long documents

Tables

  • View tables of cases and legislation referred to it the text sorted alphabetically, and link directly to them

Pop-up footnotes

  • View footnotes alongside the text and avoid the need to refer to the end of documents

Call 0345 600 9355 or contact us to find out more.

back to top
Must Haves