LAWHONS 734 - Issues in Insurance Law

Credit points: 20 points
Offered: Full-year
Contact hours: Lectures - 2 hours per week
Course Coordinator: Rohan Havelock

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 Honours Seminar focuses on 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.

Course 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

Seminar presentation in Semester Two (50 minutes) - 25% of grade

Seminar paper of 10,000 words - 70% of grade

Attendance at all seminars - 5% of grade