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    Manufacturer: Witherbys

    Property Insurance Claims - Law and Practice

    £150.00
    This is a detailed guide to property insurance claims for students, insurance professionals and lawyers. In particular, it will support members of CILA in passing the Institute exams en route to becoming a Chartered or Certified Loss Adjuster.
    ISBN: 9781914992230
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    Published: June 2022

     

    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.

     

    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

    Witherby Connect is the new online library solution for the maritime industry. Created by Witherbys’ in-house development team, Witherby Connect provides users with streamlined access to all major industry publications. 

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    Use on and offline: Witherby Connect provides flexible access. Publications can be viewed while connected to the internet and are downloaded to the browser’s cache for access offline, making it suitable for use even when internet access cannot be guaranteed.

    You can access Witherby Connect on any modern browser including: Google Chrome, Microsoft Edge, Mozilla Firefox and Apple Safari.

    Published: June 2022

     

    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.

     

    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

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