This book provides an authoritative and comprehensive review of all aspects of the law that relate to liability insurance contracts.
Taking an international comparative perspective, The Law of Liability Insurance covers all the major types of liability insurance, not just professional indemnity insurance, presenting the issues according to the general principles of contract law. The book begins by concentrating on the fundamentals of the liability insurance contract before moving on to cover conditions, defence, exclusions, and finally claims against and non-payment by the insurer.
This book will be an invaluable reference tool for practitioners and professionals working in the commercial liability insurance industry, including those who operate globally, as well as being a source for academics and post-graduate students.
An investigation into the affairs of a company or an aspect of those affairs by the Department of Trade and Industry (DTI) can have far-reaching implications for those involved. This includes,for example, directors' disqualification proceedings and criminal prosecution. In recent years the number of investigations has increased substantially; in 1996/7 the DTI formally considered more than 1,300 cases. Over 400 investigations under the Companies Acts, section 44 of the Insurance Companies Act 1982 and section 177 of the Financial Services Act 1986 (insider dealing) were commenced in the same period. The book places these statutory investigations in their public law context, examining in detail the public law principles governing such matters as public interest immunity and procedural fairness. It also analyses the European Convention on Human Rights cases on investigations and the use of evidence and explains the implications for domestic law. This book examines the company investigation system, and will be a valuable vade mecum for investigators appointed by the DTI or for witnesses to an investigation. It is a unique work of reference and analysis, written by a leading practitioner in this area, and will rapidly become established as the leading work in this area.Table of Contents Introduction; Historical Background; The Investigations Handbook; The Investigation of Investigations; The Conduct of Investigations; Obtaining Evidence; Preparation of Reports and Procedural Fairness; Disclosure of Information Received During the Course of an Investigation; The Publication of Reports; The Expenses of Investigations; The Link with Other Investigations; Subsequent Action by the Secretary of State; The Use of Evidence and Reports in Civil and Criminal Proceedings; Proposal for Reform; Appendix - Relevant Statutory Provisions
The Law and Economics of Public Health synthesizes the empirical research findings on the relationship between law and the public's health that are found scattered in different literature ranging from economic journals to medical journals, journals on addictive behaviors, law reviews, and books. This is the only study to date that has assembled the empirical evidence from many areas ranging from motor vehicle liability and dram shop liability to medical malpractice, products liability as it applies to pharmaceutical products, and medical devices. The Law and Economics of Public Health addresses the fundamental question as to whether or not and the extent to which imposing tort liability on potential injurers improves the public's health. Does the threat of litigation on potential injurers make them exercise more caution? Does insurance coverage counter incentives to be careful? Does the tort system operate as perfectly as the theory would have it? This monograph answers these questions on the basis of empirical evidence. The Law and Economics of Public Health discusses both theory and empirical evidence in several areas of personal injury to which tort liability has been applied.The monograph starts by describing the general law and economics framework used to assess both positive and normative issues relating to tort liability. It then presents the rationale for and empirical evidence on particular applications of tort liability as it applies to personal injury.
Statistics published by the U. S. Department of Commerce (1980) indicate that in 1977 we spent 8. 1% of our gross national product (GNP) on life, health, property-casualty, and other forms of insurance. An additional 5. 7% was used to pay the Social Security tax, which is another form of insurance premium, for a total of 14. 8% of the GNP. Although insurance had its historical origin in marine insurance, it has now developed into one of the major industries of the American economy and extends into many areas of economic activity. One area where growth has been particularly strong is the medical sector. Health insurance is a major institution in all industrialized countries. It became a government responsibility in 1883 when Bismarck intro- duced a compulsory program of health insurance for industrial workers in Germany. Programs for workers in various industrial and income categories soon followed in other European countries-Austria (1888), Hungary (1891), Norway (1909), Servia (1910), Great Britain (1911), and Russia and Romania (1912) (Rubinow, 1913:250). Programs in these countries were extended in subsequent years, and other countries in Europe followed with their own programs. Consequently, today most industrial countries have universal or near-universal health insurance coverage. In the United States the issue of national health insurance has been seriously debated since just prior to World War I, and polling data since the 1930s show that a substantial majority of the public has been supportive of such a program (Erskine, 1975).
A multidisciplinary text, considering both general issues and principles of water law and administration at national and international level, dealing with current legal and institutional aspects of water resources management. New information has been added in this latest edition, including the situation in countries previously a part of the former Soviet Union. Added emphasis is given to areas of growing topical importance, such as stakeholders' influence on decisions, the need to maintain a minimum flow in water bodies and the necessity for legislation in support of water resource monitoring. There is new material on the European Union Water Framework Directive which is referenced heavily in the work. The book is aimed at those who carry out functions in water resources administration and those who deal with legal issues raised by water management. The book will be particularly useful to academics and graduate students of law, engineering, hydrology, hydrogeology, sanitary engineering and planners, as well as national and international water resources managers.
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