Carter v Boehm and Pre-Contractual Duties in Insurance Law: A Global Perspective after 250 Years

by Yong Qiang Han (Editor), Greg Pynt (Editor)

Overview

Revisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.

Product Details

ISBN-13:	9781509916047
Publisher:	Bloomsbury Academic
Publication date:	06/28/2018
Pages:	528
Product dimensions:	6.14(w) x 9.21(h) x 1.12(d)

About the Author

Yong Qiang Han is an Adjunct Senior Research Fellow at the Centre for Banking and Finance Law of the Faculty of Law, the National University of Singapore.
Greg Pynt is a barrister at Francis Burt Chambers, Perth, Australia.

Table of Contents

Foreword v

Preface vii

Acknowledgements ix

List of Contributors xiii

Table of Cases xv

Table of Statutes xxxi

1 Introduction Yong Qiang Han Greg Pynt 1

Part I Revisiting Carter v Boehm and Pre-contractual Duties in Insurance law

2 Carter v Boehm (1766) 3 Burr 1905 11

3 The History of a Landmark: Carter v Boehm Stephen Watterson 23

4 The Doctrine of Uberrima Tides in Insurance Law-A Critical Evaluation Reuben A Hasson 87

Part II Pre-contractual Duties in Insurance Law: Common Law Jurisdictions

5 Pre-contractual Duties in Australia Peter Mann Greg Pynt Samantha Traves 111

6 Pre-contractual Duties in the UK Insurance Law after 2015: Old (or New?) Wine in New Bottles? Yong Qiang Han 143

7 Pre-contractual Duties under American Insurance Law Martin Davies Jeffrey W Stempel 171

Part III Pre-contractual Duties in Insurance Law: Civil Law Jurisdictions

8 Pre-contractual Duties under the Chinese Insurance Law Yong Qiang Han Feng Wang 199

9 Pre-contractual Duties under the French Insurance Law Sebastien Leroy 229

10 Pre-contractual Duties under the German Insurance Law Manfred Wandt Kevin Bork 261

11 Pre-contractual Duties under the Japanese Insurance Law Satoshi Nakaide 293

12 Pre-contractual Duties under the Swiss Insurance Law Andrea Stäubli 323

Part IV Pre-contractual Duties in Insurance Law: Mixed Legal System, Reinsurance and Brokers

13 Good Faith and Pre-contractual Duties under South African Insurance Law Birgit Kuschke 353

14 Pre-contractual Duties in European Insurance Contract Law Helmut Heiss Ulrike Mönnich 381

15 Pre-contractual Utmost Good Faith of the Reinsured Jeffrey W Stempel 411

16 Placement of Insurance and the Role of Brokers Rob Merkin 429

17 Conclusions: (Utmost) Good Faith and Pre-contractual Duties Globally in the Twenty-first Century Yong Qiang Han 447

Index 471