Information Disclosure Consumers, Insurers and the Insurance Contracting Process

Name: Information Disclosure Consumers, Insurers and the Insurance Contracting Process
Price: 20.04 USD
Availability: InStock
ISBN: 9780595170159

ISBN-10: 0595170153

ISBN-13: 9780595170159

Edition: 2001

Authors: Julie-Anne Tarr

List price: $24.95

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Book details

List price: $24.95
Copyright year: 2001
Publisher: iUniverse, Incorporated
Publication date: 3/6/2001
Binding: Paperback
Pages: 328
Size: 6.00" wide x 8.75" long x 0.75" tall
Weight: 1.100
Language: English



Dedication


Table of Cases


Table of Legislation


Table of Regulations


Foreword


The Disclosure Context


Economic Issues


Introduction


Contract Paradigm: The Economic Model of Contract Law


The Contract Paradigm: Precepts of Economic Regulatory Efficiency


Economic Efficiency and the Standard Form Contract


Efficiency, Standard Form Contract Economies and Insurance Contracting


Economic Information and the Insurer


Economic Disclosure and Actuarial Forecasting of Risk Pools


Risk, Adverse Selection and the Historical Evolution of the Doctrine of Utmost Good Faith


Carrots, Sticks, and Actuarial Forecasting: Achieving Adequate Disclosure in Contemporary Insurance Policies


Direct Inquiry and Testing Requirements


'Signalling'--or Incentive Based Structuring of Insurance Contracts


Bargaining in the Shadow of the Utmost Good Faith Provision Doctrine


Disclosure And Misrepresentation


The Common Law


Utmost Good Faith


Duty of Disclosure


Misrepresentation


Statutory Provisions


Utmost Good Faith


Duty of Disclosure


Misrepresentation


Remedies for Non-disclosure and Misrepresentation


Brokers and Agents


Standard Cover And The Insured's Expectations


Introduction


The Insured's Expectations


Contra Proferentem


Policy in Accordance with Proposal


Business Efficacy, Nature and Commercial Purpose of the Policy


Doctrine of Reasonable Expectations


Good Faith Construction


Standard Cover


Market Place Perspectives


Introduction


General Insurance Enquiries and Complaints Scheme


General


Statistics


Insureds


Section 22 Matters


Section 21 Matters


Format, Language and Content of Policies


Australian Consumers' Association


General


Policy Features


Home Contents Insurance: A Case Study


Introduction


Prescribed Events


Exclusions


Minimum Amounts


Conclusions


Disclosure of Information


Notice of the Duty of Disclosure


Standard Cover


Construction and the Insured's Expectations


Education and Comparisons


Conclusion


Appendix 1


Appendix 2


Bibliography


Bibliography


Bibliography


About the Author