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This text provides a succinct overview of the important legal aspects of Canadian insurance law thereby providing a framework for approaching insurance law issues head on.
A primer on insurance law Now in its fourth edition, this textbook helps both lawyers and insurance executives learn the basic principles of insurance law. Rather than going into confusing detail on minute facets of insurance law, the authors provide a legal framework in which to approach and analyze insurance legal issues.
Co-authored by a university insurance law professor, whose work has been cited in Canadian appellate courts, this book helps readers grasp important insurance law concepts, enabling them to solve insurance legal problems that frequently arise in personal transactions, in the commercial world, and in the insurance sector.
What's New In This Edition?
Updates to case law and statute since previous edition
Updates to checklist of the possible legal issues that might arise in insurance in the section on identifying potential legal issues
Updates to chapter on where to find insurance law, specifically on identifying the appropriate legislation
In the chapter on the form and content of insurance contracts, updates to exclusions
Updated chapter on settling claims and resolving disputes
Updated chapter on regulation of the insurance industry
Updated chapter on different classes of insurance, including new section explain fidelity bonds in property insurance
Features
Explains the fundamental principles of insurance law in an understandable way – ideal for both lawyers and non-lawyers alike
Explores legal issues pertaining to insurance contracts, including:
Disclosure obligations
Roles of agents and other intermediaries
Form and content of insurance contracts
Claims settlement and dispute resolution
Examines the complex legal framework of statutes and regulations, and the case law that governs contracting for insurance
Discussion of the regulation of the industry, brokers and agents
Provides a checklist to help identify potential legal issues
Discussion of the structure of insurance policies, including:
Typical exclusions
Conditions and warranties
Disclosure rules governing various types of insurance contracts.
Who Should Read This Book?
Insurance executives, including claims officers, adjusters, actuaries, insurance agents and brokers – Helps those in the insurance industry build their knowledge of insurance law, especially in dealing with insurance legislation, regulations and adjudication
Lawyers– This book makes it easy to learn about insurance law, providing practitioners with the framework to analyze and solve common insurance law problems
In-house counsel of insurance companies or companies making insurance claims – Assists in understanding the basic principles of insurance law
Law students and academics – Useful as a companion textbook to introductory insurance law courses
Law libraries – A unique – yet valuable - addition to any collection of insurance law books
Chapter 1: The Nature of Insurance Law Chapter 2: How Legal Issues Arise in Insurance Chapter 3: Where to Find Insurance Law Chapter 4: Making and Ending an Insurance Contract Chapter 5: Non-Disclosure and Misrepresentation Chapter 6: The Need to Have an Interest in the Subject Matter Chapter 7: The Role of Agents and Other Intermediaries Chapter 8: The Form and Content of Insurance Contracts Chapter 9: Interpreting Insurance Policies Chapter 10: Making Claims Chapter 11: Excusing Defects in Claims and Other Defaults Chapter 12: Settling Claims and Resolving Disputes Chapter 13: Insurers' Rights on Paying Claims Chapter 14: Claims Against More Than One Insurer Chapter 15: Rights of People not Party to the Insurance Contract Chapter 16: Regulation of the Insurance Industry Chapter 17: Different Classes of Insurance
Craig Brown, Professor of Law at Western Western University, Canada and Counsel to the law firm Thomas Gold Pettingill , is one of the most well-respected authors in the insurance law field. He is the author of Insurance Law in Canada, No Fault Automobile Insurance in Canada and the Encyclopedia of Insurance Law (Canada). He has served as an arbitrator in insurance disputes and advised government, the insurance industry and members of the legal profession on matters of insurance law.
Andrew Mercer is counsel at Manulife Financial in Waterloo, Ontario, where he provides legal advice in the area of insurance law. Previously, he represented both insurers and policyholders in insurance coverage disputes. He is also an adjunct law professor at Western University and the co-author of Auto Insurance Coverage Law in Ontario (LexisNexis) and Introduction to Canadian Insurance Law, 4th Edition(LexisNexis).