LAW4121

Insurance law 406

Not offered in 1999

Associate Professor C G Powles

6 points - Three 1-hour lectures per week - Clayton - Prerequisite: LAW2100 - Corequisite: LAW2200

Objectives Students successfully completing this subject should (1) have a basic understanding of the principles of insurance law and the operation of the insurance industry; (2) have extended their basic understanding of the law of contract and torts through the application of these areas to insurance; (3) have developed the skills needed to interpret and apply insurance documentation and (4) be able to explain the law reform processes relevant to insurance and have an appreciation of contemporary issues of policy in the area.

Synopsis Nature and development of insurance law and the industry; Government regulation and early Federal reforms; the contract including concepts of insurable interest, formation and documentation; good faith, disclosure and misrepresentation; intermediaries, brokers and agents; construction of policies and standard cover; adjustment of rights including claims, causation, proof and fraud; the indemnity principle and measure of loss; remedies and dispute resolution; subrogation, double insurance and contribution; and codes of practice and proposals for further reform.

Assessment Take-home (24 hours) test problem (1000 words) in week 4: 10% - Final open-book examination (3.5 hours): 90%

Texts

Kelly D St L and Ball M L Insurance legislation manual 3rd edn, Butterworths, 1994
Kelly D St L and Ball M L Principles of insurance law in Australia and New Zealand Butterworths, 1991
Tarr A A, Liew K and Holligan W Australian insurance law 2nd edn, Law Book, 1991

Back to the 1999 Law Handbook