By Dr Poh Chu Chia
Review of the Fifth Edition:
"Anyone who is familiar with the first edition of this work will be impressed by how far it has come. The work has matured over the years; it has been constantly improved with each edition. The current incarnation of this work has much to offer in terms of its breath and depth of its treatment of the relevant principles and case law ... All things considered, one has to congratulate the author for his laudable efforts in bringing us a comprehensive book on local insurance law. Not only has he covered the various general legal principles relevant in contracts in the realm of the life, motor and workmen's compensation insurance, he has also done an excellent job in juxtaposing these with the various statutes to show clearly the relationship between the common law rules and statutory rules. In the ultimate analysis, this book has much to commend itself - it is easy to use, it is well laid out and it is very comprehensive in its survey of both English and local authorities. With that in mind, this book commends itself to any student or practitioners." - Singapore Journal of Legal Studies
"Professor Poh's book recommends itself admirably as a useful tool for legal research on the law of life, motor and workmen's compensation insurance. It has incisive comments on many issues that an insurance practitioner faces everyday. The extensive use of case extracts places this book somewhere between a casebook and a textbook, which is extremely useful for the lawyer who, knowing the reported decision is different on facts, only desires to sieve out the important principle of law and the ratio decidenti of the case. The comments of the author are also helpful in guiding the reader through particularly difficult areas such as insurable interest in life policies. Any practitioner or law student would find it the first reference, as I think it is the most comprehensive discourse on this area of law available in Singapore." - The Singapore Law Gazette
In the interval of almost six and a half years since the last edition, significant developments in the law have taken place. Since the last edition, the Contract (Rights of Third Parties) Act (Cap. 53B, Rev. Ed. 2002) come into force in 2002. The Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189, Rev. Ed. 2000) has resulted in the renumbering of various provisions in the Act rendering the previous edition of this book difficult to use.
Some of the changes that have been made in the new edition are:
- Life assurance policies
- Life assurance policies as security
- Motor insurance
- Common terms and conditions
- Policyholder's personal rights
- Risks to be insured by law
- Insurer's third party liability
- Enforcement of third party rights
- Motor Insurers' Bureau
- Workmen's compensation insurance
- Workmen under the Act
- Accident arising in the course of employment
Life Assurance Policies: Insurable Interest; Insurable Interest Requirement; Recovery of Premiums; Group Insurance; Duty of Disclosure; Proposal Form; Warranting as Opinion; Formation of Contract; Refusal to Issue Policy.
Life Assurance Policies as Security: Types of Life Policies; Assignment of Life Policies; Problems Involving Pledge and Equitable Assignment; Taking Legal Assignment of Policy; Matters Affecting Assignee's Security; Section 73 of the Conveyancing and Law of Property Act; Life Assurance Policies and Suicide; Claiming Under a Life Assurance Policy; Public Policy Consideration.
Motor Insurance: Compulsory Motor Insurance; Risks to be Insured by Law; Production and Cancellation of Policy; Scope of Policy; Using Vehicle on a Road; Meaning of "Use"; Sale of Vehicle; Breach of Duty to Insure.
Vehicle Owner's Vicarious Responsibility: Employee Using Employer's Vehicle; Vehicle Owner's Liability; Vehicle Used for Owner's Purposes; Vicarious Responsibility Not Attaching; Failure to Maintain Vehicle.
Common Terms and Conditions: Legal Effect of Terms; Covering an Authorised Driver; Maintaining Insured Vehicle; Scope of Duty to Safeguard Vehicle; Limitation as to Use; Use for Hire or Reward; Car Pool Arrangements in Singapore; Driving Without Licence.
Policyholder's Personal Rights: Insurer's Delay in Settling Claims; Repairs Authorised by Insurer; Recovering Own Losses; Insurers' Knock-for-Knock Agreement; Public Policy Considerations; Sale of Insured Vehicle.
Risks to be Insured by Law: Liability for Personal Injuries; Risks Not Required to be Insured; Insurance for Passengers; Position in Malaysia; Passenger's Cause of Action; Excluding Passenger Liability.
Insurer's Third Party Liability: Privity of Contract; Compulsory Motor Insurance; Limits to Insurer's Liability; Avoiding Policy for Misrepresentation or Non-disclosure; Default Judgment Obtained by Third Party; Avoiding Policy Before Third Party Liability Arises.
Enforcement of Third Party Rights: Rights Against Insurer; Notice of Proceedings; Terms and Conditions in Policy; Insurer's Rights Against Policyholder; Risks Not Required to be Insured by Law; Insurer Conducting Action; Insured Settling with Tortfeasor; When There Are Two Policies in Existence; Hospital Treating Injured Third Party.
Authorised Driver's Rights: Extending Coverage to Authorised Driver; Policy Obtained by Misrepresentation and Non-disclosure; Terms Applying to Authorised Driver.
Policyholder's Insolvency: Policy Rights Transferred to Injured Third Party; Third Parties (Rights Against Insurers) Act; Two Acts Compared.
Motor Insurers' Bureau: Introduction; Scope of M.I.B. agreement; Liability Required to be Insured by Law; Using Vehicle on a Road; Criminal Use of Vehicle; Risk Outside M.I.B. Agreement; Legal Nature of M.I.B. Agreement; M.I.B. Intervening in Proceedings; Agreement's Operation.
Workmen's Compensation Insurance: Compulsory Workmen's Compensation Insurance; Employer's Liability; Claiming Workmen's Compensation Act; Claiming Workmen's Compensation; Right to Sue Tortfeasor; Workman Ignorant of Rights; Workmen's Rights to Compensation.
Workman Under the Act: Meaning of the Term "Workman"; Principal Contractor and Sub-contractor's Workman.
Accident Arising in the Course of Employment: Meaning of the Term "Accident"; Injuries Arising Out of and in the Course of Employment; Acting Within Course of Employment; Employer's Vicarious Responsibility; Conduct Outside Scope of Employment; Accident at Employer's Premises; Workmen Disobeying Employer's Instructions; Attending to an Emergency; Workman Unlawfully Injured.
Insolvency and Rights Against Third Party: Employer's Insolvency; Employer's Rights Against Third Party.