Description
Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area.
The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance.
Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on:
- the relevant clauses (rateable proportion, excess, escape and other insurance)
- the difficulty of the courts in providing clear principles in cases of double insurance
- attempts to limit or exclude liability by the insurer
- how the clauses work in practice
- court decisions in various jurisdictions
- the Australian position under section 45 of the Insurance Contracts Act 1984
- whether the Australian position can be adopted in the United Kingdom
This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.
Table of Contents
Acknowledgements
Foreword
Preface
Table of Cases
Table of Legislation
Part A
Chapter 1. An Overview: Double Insurance
Chapter 2. General Principles
Chapter 3. Effect of Double Insurance on Claims
Chapter 4. Legislative Reform of Double Insurance
Part B
Chapter 5. The Meaning of Contribution
Chapter 6. When the Right of Contribution Arises
Chapter 7. The Rights Of An Insurer To Seek Contribution And Enforcement
Chapter 8. Asbestos Litigation from an Insurance Perspective
Chapter 9. Contribution under Common Law and Its Equitable Position
Chapter 10. Conclusion
Index
