Changing legal perspectives of the requirement of insurable interest in insurance contracts

2020 ◽  
pp. 1-31
Author(s):  
Kehinde Anifalaje
Keyword(s):  
Insurable Interest ◽  
Insurance Contracts

27. Insurance

2017 ◽  
Author(s):  
MA Clarke ◽  
RJA Hooley ◽  
RJC Munday ◽  
LS Sealy ◽  
AM Tettenborn ◽  
...  
Keyword(s):  
Insurance Contract ◽  
Marine Insurance ◽  
Insurance Claims ◽  
Insurance Law ◽  
Insurable Interest ◽  
Insurance Contracts

This chapter deals with insurance and the principles of insurance law. Contracts of insurance may be subdivided into two categories: indemnity insurance and contingency insurance. Under a contract of insurance, the event insured against is interpreted to be uncertain, either in the sense that it may or may not occur, or that the time of the occurrence is uncertain. This chapter first explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. It then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.

27. Insurance

2020 ◽  
pp. 997-1010
Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner
Keyword(s):  
Insurance Contract ◽  
Marine Insurance ◽  
Insurance Claims ◽  
Insurance Law ◽  
Insurable Interest ◽  
Insurance Contracts

This chapter deals with the principles of insurance law. First, the chapter explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. The chapter then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.

Insurable Interest as a Requirement for Insurance Contracts: A Comparative Analysis

2018 ◽  
Vol 26 (1) ◽  
pp. 130-154
Author(s):  
Estian Botes ◽  
Henk Kloppers
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
Great Britain ◽  
Insurance Contract ◽  
Comparative Approach ◽  
Insurable Interest ◽  
Insurance Contracts

Insurable interest should be considered to constitute a requirement for the validity of an insurance contract. Due to the fact that the difficulties experienced with regard to the doctrine are not unique to South Africa, a comparative approach was adopted that entailed a detailed discussion regarding the definition and application of the doctrine in Great Britain and Australia.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

STATE REGULATION OF THE FINANCIAL SERVICES MARKET IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 30-47
Author(s):  
Lyudmila Nikolayevna Akimova ◽  
Alla Vasilievna Lysachok
Keyword(s):  
Life Insurance ◽  
Financial Services ◽  
Credit Unions ◽  
State Regulation ◽  
The State ◽  
Existing Problems ◽  
Insurance Contracts ◽  
State Pension

The essence of such concepts is “financial service”, “financial ser- vices market”, and “participants of the financial services market”; determined the purpose of state regulation of the financial services market; forms of state regu- lation of the financial services market; financial services that are present in the financial services market; the structure of state regulation bodies of the financial services market in Ukraine is given; The role of state bodies in the regulation of the financial services market was studied; to characterize the regulatory le- gal regulation of the financial services market in Ukraine; the main problems of functioning of the domestic market of financial services are revealed; ways to solve existing problems. It is grounded that the state regulation of financial ser- vices markets consists in the state’s implementation of a set of measures aimed at regulating and overseeing financial services markets to protect the interests of financial services consumers and preventing crisis phenomena. It is concluded that the financial services market is an important element of the development of the economy as a whole, in particular, it concerns not only the state but also society. We must understand that when this market is settled, that is, all bodies that carry out state regulation are competent in their powers, only then will we make informed, effective decisions about the normal and effective functioning of the RFP. It is important that the data of the subjects of control do not overlap, their activities should be fixed at the legislative level. It is also worth bearing in mind that appropriate conditions must be created to create compensatory mecha- nisms in the financial services markets by developing a system for guarante- eing deposits and providing for payments under long-term life insurance contracts, non-state pension provisions, deposits with deposit accounts to credit unions, etс.

The Current State and Development Prospects of Self-Regulation in the Russian Construction Industry

2019 ◽  
pp. 49-55 ◽  
Author(s):  
N. E. Belova ◽  
L. G. Vorona-Slivinskaya ◽  
E. V. Voskresenskaya
Keyword(s):  
Construction Industry ◽  
Government Regulation ◽  
Self Regulation ◽  
Insurance Contracts ◽  
Construction Design ◽  
State Register ◽  
Stage Of Development ◽  
Current State ◽  
The Government ◽  
Development Prospects

The presented study aims to examine the current state and development prospects of self-regulation in the Russian construction industry.Aim. The study aims to conduct a comprehensive analysis of the current state and development prospects of self-regulation as an institution of public administration, identify the problems of self-regulation in the construction industry, and formulate proposals on solving the identified problems.Tasks. The authors complete the following tasks to achieve the set aim: examine the regulatory framework of the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying; analyze the current state and positive trends of self-regulation in the field of construction; identify problems in the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying — and development prospects of the examined alternative to government regulation.Methods. The methodological basis of the study comprises the fundamental provisions of the modern economic theory, theories of public and municipal administration and legal sciences. The information base includes regulatory and legal acts of the Russian Federation on self-regulation in the construction industry, data from the State Register of Self-Regulatory Organizations, and statistics in the field of construction.Results. At the current stage of development of self-regulation in the construction industry, the most efficient mechanism for this institution involves guaranteed compensation for damage caused due to shortcomings in the works and services during construction, renovation, capital repairs of construction objects, engineering surveying, design. The victims should be compensated not out of insurance payments under civil insurance contracts, but rather out of the compensation funds of self-regulatory organizations.Conclusion. This study makes it possible to assess the institution of self-regulation in the construction industry — construction, design, and engineering surveying — as an efficient institution for proper protection of the interests of consumers of construction works and services and those of the government. 

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