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Property Insurance Claims - Law and Practice 4th ed

Malcolm Hyde, Graham Bartlett

ISBN13: 9781914992230

Previous Edition ISBN: 9781856094061

Published: June 2022

Publisher: Witherby Seamanship International

Country of Publication: UK

Format: Hardback

Price: £155.00

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Despatched in 5 to 7 days.

This book provides comprehensive information on property insurance claims and how best to apply the principles of insurance. It considers the fundamental elements of the law and practice of loss adjusting in a form that promotes the study of the profession of a loss adjuster.

The book sets out the principles of insurance law, the parties involved in insurance policies/claims and important policy considerations, including insurable interest, perils, disclosure, warranties and conditions. Matters following a loss are also covered, such as causation, underinsurance, contribution, measurement of loss, subrogation and fraud.

The text includes sample calculations as well as relevant case law and statutes.

Subjects:: Insurance Law

Contents:: Foreword; Preface; Profile; List of Cases; Abbreviations; 1. Principles of Insurance Law; 1.1 Sources of English Law; 1.2 The Rules of Statutory Interpretation Common Law; 1.3 The Interpretation of Contracts; 1.4 Legal Personality; 2. The Parties; 2.1 The Policyholder; 2.3 Insurance Companies and Regulatory Bodies; 2.4 Lloyd’s of London; 2.5 Co-insurers; 2.5 Reinsurers; 2.6 Insurance Brokers/Intermediaries; 2.7 Underwriting Agencies; 2.8 The Financial Conduct Authority (FCA); 2.9 Financial Ombudsman Service (FOS); 2.10 Loss Adjusters; 2.11 Loss Assessors; 2.12 Lawyers; 2.13 Supply Chain; 2.14 Association of British Insurers (ABI); 2.15 British Insurance Brokers Association (BIBA); 2.16 AIRMIC; 2.17 The Chartered Insurance Institute (CII); 2.18 The British Damage Management Association (BDMA); 3. Agents and Brokers; 3.1 The Role of the Intermediary; 3.2 Intermediaries in Non-consumer Insurance; 3.3 Intermediaries in Consumer Insurance; 3.4 Intermediary Fraud; 4. Insurable Interest and Indemnity; 4.1 Insurable Interest; 4.2 The Insurable Interest of Co-insureds; 4.3 Landlord and Tenant; 4.4 Bailor and Bailee; 4.5 Mortgagor and Mortgagee; 4.6 Buyers and Sellers of Goods; 4.7 Indemnity; 5. Perils; 5.1 Fire; 5.2 Lightning; 5.3 Explosion; 5.4 Riot; 5.5 Malicious Damage; 5.6 Escape of Water; 5.7 Escape of Fuel Oil; 5.8 Storm; 5.9 Flood; 5.10 Accidental Damage to Underground Services; 5.11 Theft; 5.12 Accidental Damage; 5.13 Subsidence, Heave and Landslip; 5.14 Cyber; 6. Disclosure in Commercial Contracts; 6.1 Utmost Good Faith; 6.2 The Duty of Fair Presentation Under the Insurance Act 2015; 6.3 Material Circumstance; 6.4 Circumstances Material to the Physical Hazard; 6.5 Circumstances Material to the Moral Hazard; 6.6 Transparency; 6.7 The Insurer’s Remedies for Breach of Duty of Fair Presentation; 6.8 Loss of the Right to Avoid the Policy; 6.9 Financial Ombudsman Service (FOS); 7. The Duty of Disclosure in Consumer Contracts; 7.1 Consumer’s Duty of Disclosure; 7.2 Section 2, CIDRA: Disclosure and Representations before Contract or Variation; 7.3 Careless Misrepresentation; 7.4 The Financial Ombudsman Service (FOS); 8. Warranties and Conditions; 8.1 Definitions; 8.2 Warranties; 8.3 Conditions; 9. Underinsurance and Contribution; 9.1 Introduction; 9.2 Underinsurance in Practice – Domestic; 9.3 Underinsurance – Commercial; 9.4 Protection Against Underinsurance; 9.5 Double Insurance and Contribution; 9.6 Policy Conditions; 9.7 Apportionment in the Event of Contribution; 10. Causation; 10.1 Proximate Cause and the ‘But For’ Test; 10.2 Dual or Multiple Causes; 10.3 All Risks and Accidental Damage Cover; 10.4 Burden of Proof; 11. Measurement of the Loss and Validation; 11.1 Introduction; 11.2 Buildings; 11.3 How to Measure the Loss – Commercial; 11.4 Basis of Settlement; 11.5 How to Measure the Loss – Domestic; 11.6 Reserve for Insurers; 12. Subrogation; 12.1 Definition; 12.2 Conditions Precedent to Exercise of Rights of Subrogation; 12.3 Subrogation Conditions; 12.4 Exclusion of Subrogation; 12.5 Reporting to Insurers; 12.6 The Policyholder; 12.7 Gathering Evidence; 12.8 Pursuing the Recovery; 13. Fraudulent Claims; 13.1 The Duty not to Make a Fraudulent Claim; 13.2 Definition of Fraud; 13.3 The Insured’s State of Mind and the Requirement for Dishonesty; 13.4 The Burden and Standard of Proof; 13.5 Inducement; 13.6 Retraction; 13.7 The Effect of Termination under s.12(2) of the Insurance Act 2015; 13.8 Group Insurance; 13.9 Claims Underwriting Exchange; 13.10 Chartered Institute of Loss Adjusters Anti-Fraud Special Interest Group; 13.11 The Insurance Fraud Bureau; 13.12 Ghost Brokers; 13.13 Other Considerations; 14. Privilege and Disclosure; 14.1 Disclosure and Inspection in Litigation; 14.2 The Right to Confidential Legal Advice; 14.3 Legal Advice Privilege; 14.4 Litigation Privilege; 14.5 The Without Prejudice Rule; 15. The Welfare of the Customer and Loss Adjuster; 15.1 Vulnerable Customers; 15.2 Other Persons Making Claims; 15.3 The Welfare of the Loss Adjuster; 15.4 Lone Working; 15.5 Violence in the Workplace; A1. Property Damage Wording – Training Purposes Only; A2. The Charter; A3. Bye-Laws; A5. CDM Regulation; A6. Guidance on Asbestos; Index