Insurance Law

Credit Derivatives Are Not 'Insurance'

The Modern Law ReviewVolume 59, Issue 2 p. 285-296 Free Access Misrepresentation and Non-disclosure in Insurance Law — Identical Twins or Separate Issues? John Birds, Dibb Lupton Broomhead Professor of Commercial Law, University of Sheffield.Search for more papers by this authorNorma J. Hird, Lecturer in Law, University of Sheffield.Search for more papers by this author John Birds, Dibb Lupton Broomhead Professor of Commercial Law, University of Sheffield.Search for more papers by this authorNorma J. Hird, Lecturer in Law, University of Sheffield.Search for more papers by this author First published: March 1996 https://doi.org/10.1111/j.1468-2230.1996.tb02080.xCitations: 4 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinked InRedditWechat Citing Literature Volume59, Issue2March 1996Pages 285-296 RelatedInformation

The Chinese insurance market is expanding enormously as risk aversion takes hold in the economy, while the role of the State as guarantor of commerce is gradually reduced. Insurance is a heavily regulated field with detailed contract law stipulations. An introduction to regulation and contract law and an understanding of current issues is essential for someone seeking to do business in the Chinese market. Insurance law is also a field that translates well from one jurisdiction to another, and academics will be interested in understanding how issues are dealt with in another jurisdiction. This book seeks to present and discuss current topics in Chinese insurance law and regulation to an English-speaking audience knowledgeable of common law insurance law and international insurance business. Each chapter is written by an expert in the field and goes beyond a basic introduction to provide in depth well-researched information and academic analysis on the topic in question.

Some Recent Tendencies in the "Law of Insurance"

ТРУДОВО И ОСИГУРИТЕЛНО ПРАВО - Задачи, казуси, тестове (Labor and Insurance Law – Tasks, Cases, Tests)

금융감독법규 위반의 책임 및 그 제재조치에 관한 연구 - 보험회사, 법인 보험대리점 및법인 보험중개사를 중심으로 -

Insurance Law - Commentary on the New German Insurance Law

The new insurance law has been implemented for a long time, but it is still disputed frequently for the application of standard insurance clause. We can see this from many cases, e.g. the Sued People’s Insurance Company of China LLC, Jinyun Branch office Insurance contract Dispute Case by Li Shangzhi. This paper is trying to take the standard insurance clause as the beginning point to briefly analyze the reason for the terms’ understanding differences and to study their unfavorable interpretation principle through comparing the provisions’ samples in the old and new insurance law, which can be looked forward to providing some ideas for their corresponding practice.

The English Legal System.- An Overview of the Legal Procedure.- The Law of Torts.- The Law of Contract.- The Law of Agency.- The Law of Sale of Goods.- Exemption Clauses.- Competition Law.- to F.O.B. and C.I.F. Sales.- Export Finance.- Insurance Law.- Carriage of Goods by Sea.- Carriage of Goods by Road.- Carriage of Goods by Air.

The current time context is dominantly marked by changes and development. In public discourse, it is often emphasized that change is the only constant. In the spirit of that statement, criminal law itself, as the most exclusive instrument of the state's reaction to crime, is in constant development - status semper reformandus. Changed social circumstances determine the dynamics and character of changes in the criminal legal framework. It should certainly be a rational and relatively consistent system of legal documents, but by no means sluggish and inadequate. Continuity of changes in criminal law provisions is present in all European criminal legislation, including the Serbian one. Changes as such are not always marked as necessary and adequate, but numerous are precisely of this type and are most prominent in the area of criminal offenses from the mala prohibita category. One of the segments that the criminal law protects is the legal and undisturbed performance of economic activity, the aspects of which are developing in several directions. The paper will analyze the peculiarities of the criminal protection of legal flows of insurance, its possibilities and scope, both in the provisions of the Criminal Code (CC) and in the provisions of secondary criminal legislation - in this case the Insurance Law (IL). This analysis refers both to the nomotechnical peculiarities of the criminal offense of insurance fraud in the CC, as well as to some fundamental problematic questions of determining the mutual conditionality of criminal law norms with the conditions of modern economic crime, the question of how criminality vice versa shapes insurance products. All classic research methods in legal sciences will be used in the work, primarily the dogmatic-legal and normative method. In conclusion, it is emphasized that criminal law provides protection to the legal functioning of insurance as an activity within the framework of the financial sector and as such directly protects economic activity, especially in relation to the group protection facility that the criminal offense of insurance fraud has within the framework of the Special Part of the CC. Criminal law norms are included in the framework of the lex specialis - the Insurance Law, which shows that this regulation in the field of criminal law protection is within the framework of secondary legislation, but as confirmed in the paper, it is legitimate and without unnecessary overlapping of incriminations.

The authors assessed changes in state insurance laws related to coverage for substance use disorder treatment across public and private insurance sectors from 2006 through 2020 in all 50 U.S. states. Structured policy surveillance methods, including a coding protocol with duplicate coding and quality controls, were used to track changes in state laws during the 2006-2020 period. The legal database Westlaw was used to identify relevant statutes within each state's commercial insurance (large group, small group, and individual), state employee health benefits, and Medicaid codes. The legal coding instrument included six questions across four themes: parity, mandated coverage, definition of substance use disorders, and enforcement and compliance. Scores were calculated to reflect the comprehensiveness of states' laws and to interpret changes in scores over time. Comprehensiveness scores across all sectors (on a 0-9 scale) increased, on average, from 1.47 in 2006 to 2.84 in 2020. In 2006, mean scores ranged from 0.47 (state employee sector) to 2.80 (large-group sector) and in 2020, from 1.22 (state employee) to 4.26 (large group). Comprehensiveness of state insurance laws in relation to substance use disorder treatment improved across all insurance sectors in 2006-2020. The State Substance Use Disorder Insurance Laws Database created in this study will aid future legal epidemiology studies in assessing the cumulative effects of parity-related insurance laws on outcomes of substance use disorder treatments.

The uniform enactment or adoption o f such rules will be o f benef it to the marine insurance industry.Insurance in the Anglo/Australian legal system is governed by the Marine Insurance Act as it has been enacted in various Commonwealth jurisdictions and has remained largely untouched for 90 years. This fact alone appears to have led many commentators to believe that the Marine Insurance Act is ripe for amendment. There are legitimate criticisms of the law of marine insurance, the two major criticisms being1. that the duty of disclosure is far too stringent in that it requires every assured to disclose any facts which a prudent insurer would consider to be material and entitles the insurer to repudiate the policy and to reject any claim in the event of any breach of this duty; and2. that the law concerning warranties given by the assured operates with great unfairness as it entitles the insurer to repudiate the policy and reject any claim whether or not the warranty in question is material to the risk and whether or not any breach of any particular warranty has any connection with any particular claim which may have arisen.This thesis critically evaluates the current Anglo/Australian law relating to non_disclosure， misrepresentation and breach of warranty in contracts of marine insurance; analyses that law in a comparative context; and concludes with a set of draft legislative reforms directed at non­ disclosure, misrepresentation and breach of warranty in the law of marine insurance. The analysis undertaken yields rules relating to non-disclosure, misrepresentation and breach of warranty which are acceptable in several jurisdictions and which are both just and practically certain.The uniform enactment or adoption o f such rules will be o f benef it to the marine insurance industry.

This book seeks to rationalize the position of the doctrine of subrogation within the general law of restitution. Within a systematic analytical framework, it gives a full account of the developing English and Commonwealth law of subrogation, and a selctive use is also made of United States decisions. A number of false assumptions which have entered the case-law are exposed, and the principles upon which subrogation should be awarded are set on a regular basis. Subrogation is a remedy which can be awarded in many different contexts, and this definitive account will be useful not only to restitution lawyers, but also to academics and practitioners concerned with the law of property, commercial law (in particular, the law of insurance, bills of exchange, and principal and surety), and even family law.

A Treatise on the Laws of Insurance; Fire, Life, Accident, Marine; With a Selection of Leading Illustrative Cases, and an Appendix of Statutes and Forms

The Law of Insurance in Pennsylvania