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Double Insurance and Contribution





ISBN 9781138944732
Published July 17, 2018 by Informa Law from Routledge
267 Pages

 
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Book Description

Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. 



The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance.





Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: 





  • the relevant clauses (rateable proportion, excess, escape and other insurance)


  • the difficulty of the courts in providing clear principles in cases of double insurance


  • attempts to limit or exclude liability by the insurer


  • how the clauses work in practice


  • court decisions in various jurisdictions


  • the Australian position under section 45 of the Insurance Contracts Act 1984


  • whether the Australian position can be adopted in the United Kingdom


This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.

Table of Contents



Acknowledgements



Foreword



Preface



Table of Cases



Table of Legislation



Part A



Chapter 1. An Overview: Double Insurance



Chapter 2. General Principles



Chapter 3. Effect of Double Insurance on Claims



Chapter 4. Legislative Reform of Double Insurance



Part B



Chapter 5. The Meaning of Contribution



Chapter 6. When the Right of Contribution Arises



Chapter 7. The Rights Of An Insurer To Seek Contribution And Enforcement



Chapter 8. Asbestos Litigation from an Insurance Perspective



Chapter 9. Contribution under Common Law and Its Equitable Position



Chapter 10. Conclusion





Index



 



 

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Author(s)

Biography

Dr Nisha Mohamed’s practice includes a wide variety of civil and commercial matters, including insurance, trusts, probate and tax. Dr Mohamed has a particular interest and focus on insurance-related matters. She frequently advises policyholders and insurers. Other matters she advises on include:





  • disputes between insurers and policyholders regarding policy wordings;


  • matters relating to D&O liability insurance; and


  • double insurance.


Dr Mohamed has handled numerous first instance and appellate level cases, including High Court trials and appeals in the Court of Appeal and Court of Final Appeal. Dr Mohamed completed six months' pupillage in a specialist construction and arbitration chambers in London. She is called to the Bar of England and Wales.