Mapa mental
Insurance
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Insurance
Widely accepted principles of insurance
- Prudential Assurance v IR
- Contained 5 aspects
- Contract
- Care is needed when wording the policy
- Pilkington v. CGU Insurance
- Cinema - Horbury Bulding Systems v. Hampden Insurance
- Care is needed when wording the policy
- Consideration
- Absence of a premium was not fatal - usually considered the consideration for insurance
- Hampton v. Co-op Provident
- Absence of a premium was not fatal - usually considered the consideration for insurance
- Benefit of something happening
- Uncertainty
- Risk is an event that can be predicted
- Uncertainty is an event that cant be predicted
- Against something
- Must have an insurable interest
- Contract
- Contained 5 aspects
- Prudential Assurance v IR
Classes of insurance
- Two main distinctive categories
- Property or works
- Liability insurance
- Single or floater policy
- Although, it is not possible to get a single policy for the construction industry. The risks are considered too vast.
- Material damage policy - CAR insurance
- Some policies will contain a QC clause
- Three types of liability
- Employers liability
- Employers Liability (Compulsory Insurance) Act 1969
- Public liability
- Covers any person other than employees
- Professional indemnity
- Protects against legal liability
- Employers liability
- Two main distinctive categories
Particulars of Construction
- Joint names policy
- No rights of subrogation
- Simpson v Thomson
- Exceptions include fraud or dishonesty
- No rights of subrogation
- Composite policy
- General Accident Fire v Midland Bank
- Fire on construction sites
- Joint names policy
Future developments
Fundamental principles of construction
- Must have an insurable interest
- CAR policy insures the contractor and SC
- Petrofina v. Magnaload
- Rights of subrogation not permitted to those joint assured
- Petrofina v. Magnaload
- Uberrimae Fidei - upmost good faith
- Non-disclosure is avoidance of the entire contract
- This includes incomplete facts
- Aarons Reefs v. Twiss
- This includes incomplete facts
- Whilst non disclosure amounts to misrepresentation, the insurer must show he has been induced
- Pan Atlantic v. Pinetop
- Disagreements between MC and SC - do not have to disclose
- Laker Vent v. Templeton Insurance
- The insured must inform the insurer of changes during the policy
- The Liston Pride
- Non-disclosure is avoidance of the entire contract
- Subrogation
- Rights against third parties
- Colinridge v. Royal Exchange Assurance
- Right to recieve benefit from third parties, on behalf of the assured
- Castellain v Preston
- Rights against third parties
- Breach of warranty - termination
- The Good Luck
Informações
- Descrição
- Mapa Mental sobre Insurance, criado por petersolomon3 em 07-05-2013.
- Criado por
- petersolomon3
- Visualizações
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- Avaliação