LAWCOMM 453 - Aspects of Insurance Law

Credit points: 10 points
Offered: Second Semester
Contact hours: Lectures – 2 hours per week
Course Coordinator: Rohan Havelock
Prerequisites: LAW 231, LAW 241
Restriction: LAWCOMM 424, LAWHONS 734

Course description

Insurance is a default risk-management device for consumers and commercial parties, and insurance law issues often arise in legal practice (especially in civil litigation). Broadly, insurance law consists of the law governing insurance contracts, the law governing and regulating insurance intermediaries, and the law regulating insurers. This course covers the law governing insurance contracts, which is based on general contract law rules and principles, and special rules (such as the pre-contractual duty of disclosure) and statutes that do not apply to contracts in general. There is strong practical focus on development of the knowledge and skills needed to solve typical insurance law problems.

A prize of $1000, sponsored by insurance law firm Robertsons, is awarded to the first-placed student overall.

Content outline

Aspects of the law governing insurance contracts, including the duty of utmost good faith; the interpretation of the policy; the scope of cover; warranties and conditions; the claims process and fraudulent claims; and quantification of the insurer’s obligations; subrogation and recoupment; and third party rights.

Assessment

Online short-answer quiz (10%)   

1500 word take-home test (60%)

750 word analysis exercise (30%)