The Law of Insurance Warranties

Flawed Reform and a New Perspective

Alastair Owen

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English

Informa Law
29 January 2024

Series: Lloyd's Insurance Law Library

The book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date.

Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK’s, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with breaches of insurance warranties and demonstrates that this would consistently deliver better outcomes than any of the existing attempts at reforming this area of the law.

Providing an unprecedented multi-jurisdictional review of the law on insurance warranties and in particular the treatment of warranties in the Insurance Act 2015, as well as outlining an innovative and radical alternative approach to reform, the book will be of considerable interest and value to practitioners, academics and students, as well as to other common law jurisdictions contemplating reform of this area of the law.

By: Alastair Owen
Imprint: Informa Law
Country of Publication: United Kingdom
Dimensions: Height: 246mm, Width: 174mm,
Weight: 453g
ISBN: 9781032017365
ISBN 10: 1032017368
Series: Lloyd's Insurance Law Library
Pages: 308
Publication Date: 29 January 2024
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Dr Alastair Owen has had a successful career in the international energy sector, holding senior positions in Australia, India, Hong Kong and South Korea, as well as the UK. He studied law as an undergraduate and is an Associate of the Chartered Institute of Secretaries. He has completed the Advanced Management Programme at Insead and holds both an LLM in International Commercial Law and a PhD in Law.