POLICYHOLDERS REASONABLE EXPECTATIONS

Opis produktu

Yong Qiang Han is an Adjunct Senior Research Fellow at the Centre for Banking and Finance Law of the Faculty of Law the National University of Singapore.This is the first detailed monograph on the divergence of UK contract and insurance law on policyholders reasonable expectations.The book will provide practitioners including judges with new perspectives on insurance disputes resolution.Insurance law is an area which is attracting more and more attention from academic and practising lawyers.Yong Qiang Han is a postdoctoral Research Fellow at the Centre for Banking and Finance Law Faculty of Law of the National University of Singapore.Over the past two decades protecting contractual parties reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast however the similar śdoctrine of śpolicyholders reasonable expectations has been largely rejected in English insurance law. This is injurious firstly to both the consumer and business policyholders reasonable expectations of coverage of particular risks and secondly to consumer policyholders reasonable expectations of bonuses in withprofits life insurance. To remedy these problems this book argues for an incremental but definite acceptance of the conception of policyholders reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly following a review and recharacterisation of the American insurance law śdoctrine of reasonable expectations the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing it also rethinks the approach to the protection of policyholders reasonable expectations of bonuses in withprofits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39 particularly to its relevant business and regulatory background.The first detailed monograph on the divergence of UK contract and insurance law on policyholders reasonable expectations.1. Introduction 2. Contract Law and Insurance Law: the Homogeneity 3. Rediscovering Expectations in Contract Law4. Relating Good Faith to Reasonable Expectations 5. Revisiting the Doctrine of Reasonable Expectations in American Insurance Law 6. Reassessing the Objections to Policyholders Reasonable Expectations of Coverage in English Insurance Law 7. Policyholders Reasonable Expectations of Bonuses in WithProfits Life Insurance8. ConclusionThis book provides a stimulating and critical review of a doctrine that is far from dead.A thoroughly researched inquiry that is both broad in scope and nuanced in its analysis of case law and concepts. It not only reexamines and corrects much of the conventional wisdom regarding the reasonable expectations concept but also appre

Wymiary: 234 mm 156 mm 582 gr