Reinsurance Law


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The Insurance Law Journal


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Reports of all decisions rendered in insurance cases in the federal courts, and in the state courts of last resort.




Reinsurance Law and Practice


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Insurance & Reinsurance


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Research Handbook on International Insurance Law and Regulation


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'Global insurance and its rapidly evolving law and regulation demands international research. To this aim, the Handbook offers a truly international collection of essays. Highly renowned experts analyze the key topics currently under international discussion and development. While representing a diversity of national jurisdictions, the focus lies on the largest insurance jurisdictions (USA, UK and Germany) but newly important jurisdictions like Brazil and China are considered as well a most valuable and important contribution to international insurance law literature.' Manfred Wandt, Director of the Insurance Law Institute, Goethe-University Frankfurt, Germany 'This Research Handbook is published at an opportune time. A global review of insurance law and regulation is underway. Much reform happens locally with little reference to developments elsewhere and this Research Handbook brings the strands together. It is a comprehensive review by distinguished authors from different backgrounds including both leading academics and practitioners. They consider the definitions of insurance, its economic underpinnings, comparative law and regulations, actual and proposed reforms, the effects on underwriting and claims and how insurance is studied and taught. Good laws and regulation benefit the market and its customers. Bad laws and regulation do the opposite. This book is required reading for all involved in the reform process.' David Hertzell, Law Commissioner 'Globalisation has had no greater impact in the commercial world than on insurance, the law which governs it and the risks it seeks to address. Those who inspired this publication and the contributing authors, are to be thanked for providing such a necessary and useful reference source. It covers so much of what insurance professionals need to be aware of in the insurance/law world of the twenty first century.' Michael Gill, President of the International Insurance Law Association Given its economic importance, insurance is a field that has been underserved as an area of academic study. This detailed book provides much needed coverage of insurance law and regulation in its international context. Produced in association with Lloyd's, it draws on the expertise both of academics and practising lawyers. Containing 30 comprehensive chapters, it provides in-depth studies on key areas, such as the role of international organisations, the judicial interpretation of insurance contract clauses and transnational regulatory recognition. It also provides thorough introductions to important jurisdictions, including the EU, US and Japan as well as focusing on newly emerging economies such as China and Brazil. Specialist topics covered include regulation by and of Lloyd's, the tort of bad faith in the US, microinsurance and takaful insurance. This well-documented resource will appeal to academics and students in insurance law and regulation, policymakers and private practice lawyers. The book also aims to stretch the imagination of anyone with an interest in insurance law and regulation, providing detailed analysis and avenues for further investigation.







Insurance Law: Doctrines and Principles


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The second edition of Insurance Law: Doctrines and Principles published six years after the widely acclaimed first edition,builds on the reputation of the first edition by offering a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed with the needs of the typical undergraduate in mind, while also providing the essential framework for those studying insurance law at postgraduate level. The text is enhanced by extensive citations to case law and academic commentaries, making the book ideal for students, scholars and practitioners alike. This new edition has been substantially restructured to complement the authors Insurance Law: Cases and Materials (Hart Publishing, 2004). The book is divided into two parts. Part I considers the regulation of insurance business and the general principles underlying the law of insurance contracts. Part II examines the way in which these principles are shaped by the particular insurance context in which they operate. Insurance law is a rapidly developing subject and this edition takes account of the many significant judicial and statutory developments. The book is readable and authoritative, with a sound grasp of the realities of insurance practice; it is well sourced and generous with supplementary points. A welcome addition to the writing team is Rob Merkin, Lloyds Law Reports Professor of Commercial Law at the University of Southampton, who has contributed new chapters on reinsurance and conflicts of law. The first edition was cited with approval by the Supreme Court of Canada in Oldfield v Transamerica Life Insurance Co of Canada (2002). "Lowry & Rawlings is a welcome addition to the ranks of insurance law textbooks and a serious contender for the student readership in this field." Nicholas Legh-Jones QC, Lloyds Maritime Commercial Law Quarterly "I recommend the book for undergraduate use, and as a starting point for postgraduate use. The book is well written and full of clear explanations of a difficult field of the law." Neil Campbell, Law Quarterly Review "...can be warmly recommended for purchase or use by lecturers and students in the subject." Dennis Dowding, The Law Teacher "a very useful text on insurance law eminently readable, good and critical it is clearly a text of the highest calibre." Reuben Hasson, Canadian Business Law Journal




Reinsurance Regulation:A Contemporary and Comparative Study


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We seem to be living at a time when insurance is strained to the breaking point. From hurricanes and earthquakes to terrorist attacks and threats of nuclear devastation, enormous risks to life and property; and accompanying liabilities; proliferate on an unprecedented scale. Insurer insolvency is not yet common, but it is not unusual either. And at the root of such failures often lies the compound failure of uncollectable reinsurance. This important book proposes that a significant part of the emerging insurance crisis results from inadequate regulation of reinsurance. In a detailed and cogent analysis of what an effective regulatory regime for reinsurance must entail, the author examines such factors as the following: direct supervision of reinsurers versus supervision of reinsurance policies models from developed countries (US, UK, EU) and international organisations (Organization for Economic Cooperation and Development, International Association of Insurance Supervisors) the importance of taking legal and economic differences into account while applying models the problem of local protectionism, especially in developing countries the dismantling of trade barriers in the reinsurance industry global harmonization of reinsurance regulation the role of reinsurance intermediaries finite risk reinsurance insurance-linked securities. The author's concluding chapter presents an essential legal infrastructure that allows for efficiency, security, and individual market characteristics. Professor Wang then applies this framework to the Taiwanese insurance market, demonstrating convincingly how his proposed regime can solve specific problems while respecting Taiwan's distinct market environment. As a meticulously considered appraisal of, and solution to, a world problem that is growing quickly and uncontrollably, Reinsurance Regulation will be of immense value to lawyers, professors, academics, and officials who deal with any facet of economic law.