Double Insurance and Contribution

Nisha Mohamed (Gilt Chambers, Hong Kong)

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English

CRC Press
18 December 2020

Commercial law; Insurance law

Series: Contemporary Commercial Law

Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area.

The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance.

Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on:

the relevant clauses (rateable proportion, excess, escape and other insurance)

the difficulty of the courts in providing clear principles in cases of double insurance

attempts to limit or exclude liability by the insurer

how the clauses work in practice

court decisions in various jurisdictions

the Australian position under section 45 of the Insurance Contracts Act 1984

whether the Australian position can be adopted in the United Kingdom

This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.

By: Nisha Mohamed (Gilt Chambers Hong Kong)
Imprint: CRC Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9780367733957
ISBN 10: 0367733951
Series: Contemporary Commercial Law
Pages: 231
Publication Date: 18 December 2020
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Acknowledgements Foreword Preface Table of Cases Table of Legislation Part A Chapter 1. An Overview: Double Insurance Chapter 2. General Principles Chapter 3. Effect of Double Insurance on Claims Chapter 4. Legislative Reform of Double Insurance Part B Chapter 5. The Meaning of Contribution Chapter 6. When the Right of Contribution Arises Chapter 7. The Rights Of An Insurer To Seek Contribution And Enforcement Chapter 8. Asbestos Litigation from an Insurance Perspective Chapter 9. Contribution under Common Law and Its Equitable Position Chapter 10. Conclusion Index

Dr Nisha Mohamed’s practice includes a wide variety of civil and commercial matters, including insurance, trusts, probate and tax. Dr Mohamed has a particular interest and focus on insurance-related matters. She frequently advises policyholders and insurers. Other matters she advises on include: disputes between insurers and policyholders regarding policy wordings; matters relating to D&O liability insurance; and double insurance. Dr Mohamed has handled numerous first instance and appellate level cases, including High Court trials and appeals in the Court of Appeal and Court of Final Appeal. Dr Mohamed completed six months' pupillage in a specialist construction and arbitration chambers in London. She is called to the Bar of England and Wales.