LAWS6161 Insurance Law
Module Overview
Insurance is an essential condition to undertake commercial transactions or complex ventures, whatever their nature. As a foundation for commerce, insurance plays an important role in society, for commercial risk management as well as a safety net for undertakings. The commercial insurance industry in the UK, with its centre at Lloyd’s of London, is of global importance. In this module, we explore how insurance contracts are made and how to interpret commercial insurance policies against the background of insurance case law and statutes. UK law underwent significant statutory reform in 2016 and it is therefore a dynamic period and an exciting time to study insurance law. The module looks not only at what the law is, but also at what it ought to be, with inspiration from other jurisdictions.
Aims and Objectives
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- A1. The core principles, concepts and doctrines of insurance law and their application to commercial relationships or transactions or corporate parties.
- A2 The economic or public policies or values underlying these insurance law principles and concepts and areas of current controversy.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- B1. Identify, evaluate and apply key legal principles in solving complex practical problems in the commercial context, citing legal authorities.
- B2. Suggest possible legal developments to improve the efficiency and fairness of insurance law governing affected parties in the international commercial context.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- C1. Undertake independent research and access primary and secondary sources effectively.
- C2. Construct arguments and solve problems based on premises drawn from various sources.
Syllabus
Introduction – nature of insurance; life, property, liability insurance Contract formation: commercial and consumer markets Brokers: commercial and consumer markets Insurable interest Duty of fair presentation Fraudulent claims Construction and terms Insurers’ insolvency - direct action Subrogation
Learning and Teaching
Teaching and learning methods
Teaching methods: One 2-hour seminar per week Learning methods include: - Essential and additional directed reading, as per distributed reading lists reproduced on Blackboard; - Engagement with current legal or commercial developments to ensure that you can relate the material being discussed in class to contemporary controversies
| Type | Hours |
|---|---|
| Teaching | 20 |
| Independent Study | 130 |
| Total study time | 150 |
Resources & Reading list
Burling & Lazarus. Research Handbook in Insurance and Reinsurance Law and Regulation.
Merkin & Colinvaux. Law of Insurance.
Assessment
Formative
Essay
Summative
| Method | Percentage contribution |
|---|---|
| Essay (4500 words) | 100% |
Repeat
| Method | Percentage contribution |
|---|---|
| Essay (4500 words) | 100% |
Referral
| Method | Percentage contribution |
|---|---|
| Essay (4500 words) | 100% |
Repeat Information
Repeat type: Internal & External