By Dr Poh Chu Chai
The ONLY Local and Up-to-date Work on Insurance Law Today!
Review of the Fifth Edition:
"On the whole, the author has done very well indeed in bringing us a comprehensive book on the general principles of local insurance law. Not only has he covered the various general legal principles relevant in insurance contracts, he has also done an excellent job in juxtaposing these alongside the various local statutes to show clearly the relationship between the common law rules and statutory provisions. Ultimately, this book has much to recommend itself - it is user-friendly, it is well organized and it is superlative in its comprehensive survey of both English and local authorities. With than in mind, this book commends itself to any student or practitioner." - Singapore Journal of Legal Studies
The new edition captures all significant developments of the law in this area of practice over the past four and a half years, since the last edition (5th edition). The text of the new edition has been strengthened by the consideration of new cases as well as those not previously dealt with in the book.
- Comprehensive coverage of Singapore, Malaysia and English cases to offer the reader a sound understanding of the principles of insurance law as they operate in Singapore and Malaysia
- Provides a unique approach to considering legal authorities making it highly authoritative
- Frequently cited by the courts in Singapore, Malaysia and Hong Kong.
The Principles of Insurance Law is the most comprehensive - nothing has been left out that is concerning the subject of insurance (the other book is Life, Motor & Workmen's Compensation Insurance by the same author). With more than 200 cases, both local and overseas, that have been cited and discussed throughout the volume which will give you a better understanding on how these matters are to be handed. The book also covers Malaysia insurance law and if you have business in that country, it will enable you to understand the insurance law of that country as well.
The Index has been carefully indexed by an experienced and expert indexer to include all the possibilities for anyone who wishes to look for a specific area of interest. This will save you a lot of valuable time.
Principles of Insurance Law is for all insurance companies and for all its agents.
Insurable Interest:- Applicable Law; Requirement of Insurable Interest; Position at Common Law; Life Assurance Act 1774; Life Assurance Policies; Life Assurance Policies in Singapore; Position in Malaysia; Insurance on Immovable Property; Insurance on Goods; Liability Insurance; Group Insurance.
Duty of Disclosure:- Basic For the Duty; Duty of Disclosure; Insurer's Duty of Disclosure; Scope of Duty to Make Disclosure; Information Not Requiring Disclosure; Duty of Disclosure and Proposal Form; Duty of Disclosure & Proposal Form; Previous Refusal and Claim History; Convictions; Health; Composite Policy; English Law Commission Recommendations; Position in Malaysia.
The Proposal Form:- Presence of Basis Clause; Statutory Warning in Proposal Form; Where Basis Clause Is Not Applicable; Where Basis Clause Is Operative; Warranting An Opinion; Ambiguity in Proposal Form; Unfairness of Basis Clause; Correcting Mistakes in a Proposal Form; Indisputability Clause; Breach of Basis Clause.
Formation of Contract:- Formalities; Offer and Acceptance; Privity of Contract; Consideration for Contract; Making Payment of Premium; Duration of Insurance Cover; Refusal By An Insurer to Issue a Policy; Ratifying a Policy After a Loss; Cover Notes; Rectification; Recovery of Premiums; Renewal of Policy; Renewing a Life Assurance Policy.
Terms & Condition:- Terms in a Policy; Condition and Condition Precedent; Warranties; Promissory Warranty; Waiving a Breach of Term; English Law Commission Recommendations; Term Delimiting the Risk Insured; Exclusion Provisions.
Insurance Agents:- Authority to An Agent to Grant Cover; The Insurance Agent and the Proposal Form; Position in Malaysia; Waiver; Agent's Duty of Care in Filling Proposal Form; Agent Providing Advice to Insured; Agent's Duty in Relation to Policy; Criminal Liability of Insurance Intermediary; Measure of Damages; Limitation Period; Broker Looking Into An Insured's Claim.
Construction of Policies:- Some Rules of Construction; Contra Proferentem Rule; Construing the Term "Accident"; Construing Terms in Good Insurance; Construing Terms in Property Insurance; Construing a personal Accident Policy; legal Terms and Terms of Art.
The Proximate Cause of a Loss:- Risk Insured; Onus of Proving of Loss; Insurance Against "Loss"; Preventive Action; Insured's Negligence; Causation; Accident and Disease; Exclusion Clauses.
Illegality:- Rule of Public Policy; Policies Involving Only the Insured; Policies Involving a Third Party Interest; Limits to the Rule of Public Policy; Life Assurance Policies and Suicide.
Increase of Risk:- Changes in the Risk Insured; Change of Trade; Presence of Hazardous Materials; Increase in Risk; Unoccupancy of Insured Premises; Leaving Vehicle Unattended; Location of Insured Property; Limitation of Use Clause; Double Insurance.
Notice of Claim:- Complying With the Terms in a Policy; Notice of Claim; Nature of Term; Form of Notice; Duty to Co-operate; Waiver.
Insurance Claims:- Establishing a Loss; General Duty to Act in Good Faith; Fraudulent Claims; Third Party Interests; Circumstances Surroundings a Loss; Allegation of Arson.
Settlement of Claim:- Binding Effect of Settlement; Reinsurance to Arbitration; Pleading the Limitation Act; Curtailing Limitation Period; Application for Relife.
Principle of Indemnity:- Insured's Right to An Indemnity; Contracts of Indemnity; Loss Under a Policy; Placing Limit on Claims; Consequential Loss; Valued and Unvalued Policies; Over-Insurance and Under-Insurance; Measure of Indemnity; Repairs Authorised By Insurer; Insurer's Delay in Settling a Claim; Recovery of Interest; Double Insurance; Policy Covering Contractual Liability.
Subrogation:- Insurer's Right of Subrogation; Exercising the Right of Subrogation; Right of Subrogation Arises After Insured is Indemnified; Safeguarding Insurer's Right of Subrogation; Third Party and Insurer's Right of Subrogation; Insured's Rights Against Third Party; Limits to Insurer's Right of Subrogation; Payment Recovery From Third Party; Claiming Interest.
Double Insurance and Contribution:- Double Insurance; Right of Contribution; Risk and Interest Insured Must be the Same; Determining Liability to Contribute; Contribution Under Public Liability of Policies; Insurance Under Land Titles (Strata) Act.
Assignment of Policies:- Contract Highly Personal; Insured Selling Property; Fire Insurance Policies; Motor Insurance Polices; Assignment of Life Policies.