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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.
List 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
About the author
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.
Summary
Double insurance can have major consequences for an assured party, as it carries a risk of rendering some policies invalid. This book deals in depth with the issue of double insurance, and helps the reader to better understand their options when selecting insurance policies for themselves or their clients. This text combines practical experience
