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作者 Arnold-Dwyer, Franziska, author
書名 Insurable interest and the law / Franziska Arnold-Dwyer
出版項 Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2020
國際標準書號 9780367076672 (hbk.)
9780429021961 (ebook)
book jacket
館藏地 索書號 處理狀態 OPAC 訊息 條碼
 人文社會聯圖  KD1859 .A76 2020    在架上    30660020240185
說明 xxviii, 241 pages ; 25 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
附註 Based on author's thesis (doctoral - Queen Mary University London, 2018) issued under title: Insurable interest in property insurance : a defence
Includes bibliographical references and index
Introduction -- The historical development of the insurable interest requirement -- The legal bases for insurable interest -- The meaning of insurable interest -- Insurable Interest : Quo Vadis? -- The anti-wagering justification -- The moral hazard justification -- The indemnity justification -- The integral dimension of insurable interest - insurance contract law -- The integral dimension of insurable interest - policy terms -- The definitional dimension of insurable interest -- Remedies, enforcement and reform -- Conclusion
"This book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest - a combination of statutes and case law - has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine - the policy against wagering, the prevention of moral hazard and the doctrine's relationship with the indemnity principle - still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law"-- Provided by publisher
主題 Insurance law -- England
Insurable interest
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