The Law of Insurance Warranties: Flawed Reform and a New Perspective

The book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand, and the UK, arguing that none of these have been successful. It proposes a radical new approach to reform that would deliver more consistent and equitable outcomes than those achieved to date. The book demonstrates that the UK's Insurance Act 2015 has serious flaws that have not previously been identified. It will be of interest to practitioners, academics, students, and other common law jurisdictions contemplating reform of this area of the law.

Format: Hardback
Length: 308 pages
Publication date: 22 June 2021
Publisher: Taylor & Francis Ltd

Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia,New Zealand and,most recently,the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UKs,as yet largely untested,Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions,the book sets out an alternative approach for dealing with breaches of insurance warranties and demonstrates that this would consistently deliver better outcomes than any of the existing attempts at reforming this area of the law.

Providing an unprecedented multi-jurisdictional review of the law on insurance warranties and in particular the treatment of warranties in the Insurance Act 2015,as well as outlining an innovative and radical alternative approach to reform,the book will be of considerable interest and value to practitioners,academics and students,as well as to other common law jurisdictions contemplating reform of this area of the law.

Weight: 739g
Dimension: 246 x 174 (mm)
ISBN-13: 9780367468828