Sutton on Insurance Law

Sutton on Insurance Law

Robert Merkin, Ian Enright


$353.85 RRP + GST

Date: 22/12/2014

Code: 9780455219646

Lawbook Co., AUSTRALIA


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Book Sutton on Insurance Law 22/12/2014 9780455219646 $353.85 Add to cart


This new edition of Sutton on Insurance Law builds on the authority and reputation of earlier editions of Sutton while covering the sweeping Australian developments in legislation, regulation and case law since the last edition was published in 1999. As with previous editions, the text contains discussion of the most important English and Australian cases, thereby emphasising that the Insurance Contracts Act 1984 (Cth) is far from a comprehensive code and that many issues of principle as well as of interpretation remain firmly within the province of the common law.
The partnership of Professor Robert Merkin and Ian Enright, under the Honourable Michael Kirby’s consulting editorship, gives authoritative structure and detail to this account of modern Australian insurance law. The background and credentials of the authors infuse the work with insights into Australian issues from a contrast and comparison of current Australian and English law.
The ordered structure reflects the issues that arise in a modern insurance contract, integrating legislation, regulation and case law around current commercial issues. The clear and practical style makes the work a rich resource for lawyers and insurance market practitioners. Taking a new approach which will assist readers, the authors have attempted to focus the discussion on the practical implications of regulatory and judicial development.
  • The text plots a clear path through the multitude of conflicting approaches to the nature of insurance, following the golden thread of the indemnity principle, from sales warranties through financial reinsurance to credit default swaps.
  • There is a detailed account of insurance regulation in Australia which reflects the legislation, regulatory standards and guidelines as well as current market practice.
  • The book tracks the blurring of prudential and market conduct regulation against the divergent attractions of the Ratings Agencies and Self Regulation in the context of the international influences from the US and Europe.
  • A new chapter on intermediaries and selling insurance blends the common law, the ghosts of the Insurance Agents and Brokers Act and the current financial services law into an account of the activities, regulation, role and retainer of an intermediary in their commercial context (while also considering the consequences of the agency: contracts, liability and insurance).
  • The material on the duty of utmost good faith, heavily amended as a result of the Insurance Contracts Amendment Act 2013, is split into two chapters: one on the general principle of utmost good faith; and the other on the specific application of the principle to pre-contract disclosure and representations by the potential assured.
  • The chapter on illegality has been entirely recast, and there is a new chapter on loss of rights.