This course reviews the most common difficult issues in insurance law including what entitles insurers to avoid insurance, how far the duty of good faith continues and the construction of warranties and the effect of their breach.
1. When are insurers entitled to avoid insurance?
2. How far is there a continuing duty of good faith?
3. What if insurers are in breach of their duty of good faith?
4. Constructing warranties and the effect of breach
5. Construing conditions precedent and the effect of non-compliance
6. When can insurers be said to have waived their rights?
7. When can insurers be estopped from relying on their strict rights?
8. Differences between insuring on joint and composite basis
9. Differences between insuring on a claims made and losses occurring basis
10. Raising fraud in insurance claims
This course will include a practical case study which will involve some of the issues considered above.