MacGillivray on Insurance Law : 9780414024458

Essential for insurers and their brokers, MacGillivray on Insurance Law is a classic work which deals with insurance risks and takes into account the key legislative developments and judicial decisions in this area.

The 12th Edition will bring this well-regarded work up to date and marks the 100th anniversary since the first edition. It provides you with analysis of essential cases from the insurance sector and includes a wide range of authorities, comparing English law with its Scottish, US and Common wealth counterparts providing you with a clear understanding of the key themes. It also deals with the new law under the Consumer Insurance (Disclosure and Representations) Act 2012 and considers the latest restructuring of the FSA and Bank of England, looking at the shift of responsibilities.

The cornerstone of insurance law, and part of Sweet & Maxwell’s Insurance Practitioner’s Library, this title is regularly cited in court and relied upon as a trusted authority. You wouldn’t want to practice without it.

• Provides a valuable reference that aids a thorough understanding of the principles of insurance law and its applications in practice
• Takes the reader through the definition of insurable interests, the construction of an insurance policy, the formation of an insurance contract, and the relevant premiums and policy risks under particular contracts
• Looks at good faith and disclosure, misrepresentation, fraudulent activity, subrogation and where more than two insurers rights are involve
• Considers the separate classes of insurance, including: life, personal accident, property, motor and aviation
• Covers insurance against pecuniary loss, contractors’ risks policies and the basic principles of reinsurance law
• Analyses the different parties which can be involved in an insurance transaction, and how the process works, in particular with regard to Lloyds
• Discusses the roles of agents in insurance
• Divided into 3 sections for ease of reference

Legislation covered includes:
The Consumer Insurance (Disclosure and Representations) Act 2012
The Equality Act 2010 – equality
Third Parties (Rights Against Insurers) Act 2010
Financial Services Bill

New case law covered includes:
Re Digital Satellite Warranty Cover Ltd – meaning of insurance and scope of regulation
Lucasfilm Ltd v Ainsworth – CA and Supreme Court – conflict of laws
Delaney v Pickett – illegality
Arash Shipping Enterprises Co Ltd v Groupama Transport – illegality
Mitchell v Hiscox Underwriting Ltd – misrepresentation
Seashell of Lisson Grove Ltd v Aviva Insurance Ltd – misrepresentation
FoodCo UK LLP (t/a Muffin Break) v Henry Boot Developments Ltd – non-disclosure
Beazley Underwriting Limited v The Travelers Companies Incorporated - causation
Sutherland Professional Funding Ltd v Bakewells - causation
Omega Proteins Ltd v Aspen Insurance UK Ltd – causation and exclusions from cover
Fosse Motor Engineers Ltd v Conde Nast & National Magazine Distributors Ltd – causation
Yeganeh v Zurich Plc - causation
Milton Keynes Borough Council v Nulty – causation
Ramco (UK) Ltd v Weller Russell & Laws Insurance Brokers Ltd – broker’s duty regarding cover for bailee’s interest
Ward v Norwich Union Insurance Ltd – meaning of ‘accidental’ death in PI policies
Pratt v Aigaion Insurance Co S.A. (The Resolute) – construction of warranties in property cover
A. C. Ward & Son Ltd v Catlin (Five) Ltd (No. 2) – construction of warranties in property cover.
Omega Proteins Ltd v Aspen Insurance UK Ltd – liability insurance
Standard Life Assurance Ltd v ACE European Group – liability insurance
Durham v BAI – employers’ liability insurance
Pryor v Chief Constable of Greater Manchester Police – motor insurance
Churchill Insurance Co. Ltd. v Wilkinson, Evans v Equity Claims Ltd – motor insurance

The most recent reform proposals from the Law Commission in Consultation Paper (Law Com LCCP No.201/SLCDP No.152): “Insurance Contract Law: Post Contract Duties and Other Issues”

Section 1: General Principles


1. Nature of Insurance and Insurable Interest

2. Formation of the Contract

3. Form of the Contract

4. The Period Prior to Issue of the Policy

5. Execution and Delivery of Policy

6. Commencement and Termination of Risk

7. Payment of Premium

8. Return of Premium

9. Salvage Premiums

10. Warranties and Other Policy Terms

11. Construction of Policies

12. Rectification

13. Conflict of Laws

14. Illegality

15. Mistake

16. Misrepresentation

17. Good Faith and the Duty of Disclosure

18. Fraud, Misrepresentation and Non-Disclosure by Third Parties

19. Consumer Insurance (Disclosure and Representations) Act 2012

20. The Loss

21. The Claimant

22. Reinstatement

23. Subrogation

24. Rights of Two or More Insurers

Section 2: Particular Classes of Business


25. Life Insurance

26. Personal Accident Policies

27. Property Insurance: Fire Policies

28. Property Insurance: Other Insurances on Property

29. Third Party Risks

30. Motor Vehicle Insurance

31. Aviation Insurance

32. Insurance Against Pecuniary Loss

33. Contractors’
Risks Policies

34. Reinsurance

Section 3: Parties


35. Insurance Companies

36. The Course of Business at Lloyd’s

37. The Role of Agents in Insurance Business

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