Property Insurance Law and Claims

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Number of Pages:
Published Date:
January 2010
Book Height:
240 mm
Book Width:
160 mm
1.2 kg
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This new edition of the previously entitled ‘Fire Insurance Law and Claims’ has been updated by CILA to reflect many variations to the law and the introduction of new regulations.

This book will be of benefit to all parties involved in the handling of claims. It examines the contract of insurance, insurable interest and indemnity, perils, subrogation and distribution of recoveries, the Financial Ombudsman Service and the Financial Services Authority. It provides practical advice together with a checklist for handling insurance claims. The importance of the legal aspects of the loss adjuster’s role cannot be understated. The addition of co-writers from DAC Beachcroft Solicitors makes this book a comprehensive guide to the profession of loss adjusting.

Chapter 1 Principles of Law

1.1 Sources of Law

1.2 Principles of General Contract Law

Chapter 2 The Parties

2.1 The Policyholder

2.2 Insurance Companies

2.3 Lloyd's of London

2.4 Co-Insurers

2.5 Reinsurers

2.6 Insurance Brokers/Intermediaries

2.7 Underwriting Agencies

2.8 The Financial Services Authority (FSA)

2.9 Financial Ombudsman Service (FOS)

2.10 Loss Adjusters

2.11 Loss Assessors

2.12 Lawyers

2.13 Supply Chain

Chapter 3 The Contract of Insurance

3.1 The Prospectus

3.2 The Proposal Form

3.3 The Schedule of Insurance

3.4 The Policy of Insurance

3.5 Practical Tips on Dealing with Exclusions and Breaches of Warranty and Condition

3.6 Customer Care and Complaints
Chapter 4 Insurable Interest and Indemnity

4.1 The Creation of Insurable Interest as a Statutory Requirement

4.2 The Indemnity Principle

4.3 Legislative History

4.4 Situations Where the Interests of More than One Party are Affected

4.5 Indemnity

Chapter 5 Perils

5.1 Fire

5.2 Lightning

5.3 Explosion

5.4 Riot

5.5 Malicious Damage

5.6 Escape of Water

5.7 Escape of Fuel Oil

5.8 Storm

5.9 Flood

5.10 Accidental Damage to Underground Services

5.11 Theft

5.12 Accidental Damage

5.13 Subsidence, Heave and Landslip

Chapter 6 Proximate Clause

6.1 Statute Law

6.2 Operation of the Doctrine

6.3 Ascertaining the Proximate Cause

6.4 Immediate and Intervening Causes

6.5 Concurrent Causes

6.6 Financial Ombudsman Service

6.7 Summary

Chapter 7 Utmost Good Faith

7.1 The Origins of Utmost Good Faith

7.2 Non-Disclosure and Misrepresentation

7.3 Material Facts

7.4 Facts that do not Need to be Disclosed

7.5 Inducement

7.6 Avoidance of the Policy

7.7 Waiver and Estoppel

7.8 Continuation of the Duty of Disclosure after the Policy Incepts

7.9 Approach of the FSA and FOS to Utmost Good Faith

Chapter 8 Fraud

8.1 What is Fraud

8.2 Burden of Proof

8.3 Categories of Fraudulent Claim

8.4 The Effect of Fraud

8.5 Joint and Composite Policies

8.6 The FOS
8.7 Fraud Indicators and their Investigation

Chapter 9 Measures of Settlement

9.1 Policy Limits and Excesses

9.2 Basis of Settlement Provisions

9.3 The Cost of Establishing the Extent of Loss

9.4 Buildings – Measure of Settlement

9.5 Provisional Sums and Prime Cost items

9.6 Public Authorities Clause

9.7 Debris Removal

9.8 Insurers' Right to Reinstate

9.9 Building Repair Networks

9.10 Non-Buildings – Measure of Settlement

9.11 Extended Warranties

9.12 Salvage

9.13 Costs of Mitigation

9.14 Underinsurance

9.15 Day One Basis

9.16 Index Linking

9.17 Penalties for Underinsurance

9.18 Practical Guidance for Calculating the Value at Risk

Chapter 10 Double Insurance and Contribution

10.1 Double Insurance

10.2 Where Double Insurance can Arise

10.3 Restrictions/Limitations on Double Insurance

10.4 Contribution

10.5 Determining the Amount of Contribution

10.6 Authority for Method

10.7 ABI Rules on Contribution

Chapter 11 Subrogation and Distribution of Recoveries

11.1 Subrogation

11.2 Distribution of Recoveries

Chapter 12 Financial Ombudsman Service

12.1 Authority of the Financial Ombudsman Service

12.2 Who is Entitled to Make a Complaint to the FOS

12.3 Complaint Handling Rules

12.4 Time Limits

12.5 Adjudication

12.6 The Loss Adjuster's Role in FOS Investigations

12.7 Decisions Made by the FOS

12.8 Awards

12.9 Compliance with Awards and Settlements

12.10 General Services Provided by the FOS

Chapter 13 The Financial Services Authority

13.1 Role of the FSA

13.2 Regulation of Insurers

13.3 Regulation of Loss Assessors
13.4 Consumer Rights

13.5 Insurance: Conduct of Business Sourcebook

Chapter 14 Reform of Insurance Law

14.1 Background

14.2 Consumer Insurance (Disclosure and Representations) Bill 2009

14.3 Implementation and Future Reform

Chapter 15 Health and Safety and Construction (Design and Management) Regulations 2007

15.1 Health and Safety at Work etc Act 1974

15.2 Management of Health and Safety at Work Regulations 1999

15.3 Risk Assessment

15.4 Construction Projects Subject to the Regulations

15.5 When Duties Arise and Upon Whom

15.6 Duties on a Client

15.7 Duties on a Designer

15.8 Contractor Competency

15.9 Health and Safety Executive (HSE)

Chapter 16 Practical Hints and Tips

16.1 Reporting to Insurers

16.2 Waiver, Estoppel and Reservation of Rights

16.3 Repudiations

16.4 Mitigation of Loss

16.5 Dealing with Policyholders' Claims

16.6 Who Should the Settlement Monies be Paid to?

16.7 Forms of Discharge/Settlement Agreements

16.8 Investigations

16.9 Witness Statements

16.10 Status of Correspondence – Privilege, Without Prejudice and Confidential Communications

Chapter 17 Checklist for Handling Insurance Claims

The Chartered Institute of Loss Adjusters (CILA) is a globally recognised membership organisation for claims professionals. The Institute sets the professional and ethical standards for those who work in the handling of claims through its qualification framework and guide to professional conduct.

James Deacon
James is a partner at DAC Beachcroft and specialises in insurance litigation. He is involved in a wide range of policy coverage disputes, acting for property, public and products liability insurers. James also has considerable expertise in advising on the drafting of a broad range of insurance policies, including household, property and commercial combined.

Malcolm Hyde

Malcolm Hyde BSc (Hons) DIP (Fr) FCII FCILA FUEDI-ELAE FIFAA is the Executive Director of CILA. Malcolm has worked as a Chartered Loss Adjuster in loss adjusting practices. His main loss adjusting experience has been in Property Claims. Since 1994, Malcolm has been involved in the education and training of Loss Adjusters.

Brendan McCarthy
Brendan was a partner at DAC Beachcroft between 2006 and 2012.

Witherbys titles are developed using scripts developed by technical experts that are peer reviewed within work groups. Typically, they seek to improve understanding of the regulations, recommendations and guidelines issued by Industry.

Witherbys staff have significant expertise in the fields of navigation and hazardous cargoes as well as in the presentation of complex subjects in a graphic and easy to understand manner.

Number of Pages:
Published Date:
January 2010
Binding Format:
Book Height:
240 mm
Book Width:
160 mm
1.2 kg