Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
Content:
Part I: Essentials
1: Introduction: Insurance in the Law of Obligations
2: Characterising Insurance
3: Insurance Contracts and Insurance Market
4: Regulatory Dimensions
Part II: Operation
5: Subrogation
6: Loss Spreading
7: Allocation of Risk in Voluntary Arrangements
8: Allocation of Risk and Tort Law
9: Compulsory Liability Insurance
Part III: Applications
10: Vicarious Liability
11: Insurance and Illegal Conduct
12: The Asbestos Litigation
13: Insurance in Litigation
Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.