Foreword to first edition
Preface to first edition
Preface to second edition
Acknowledgements
Acts and Legislatin
Litigation
Chapter I The Coming of the Car
The horse - the railway and the car - motor insurance growth - compulsory insurance - a competitive market - after the car
Chapter II Legal Background - Contract
The Law of Contract - the essentials of a vaild contract - statutory absolution
Chapter III Legal Background - Tort
Nominate torts - negligence - damages
Chapter IV Legal Background - Agency
The ambivalend agent - agent of the insured - agent of the insurer - vicarious liability - serving two masters - ratification - the driver as owner's agent - agency and hire purchase
Chapter V Legal Background - Statute Law
The common law - legislation - delegated legislation - Road Traffic Acts 1998 - 1991
Chapter VI Legal Background - Other statutes Affecting Insurers
Third Parties (Rights against Insurers) Act 1930 - INsurance Brokers (Registration) Act 1977 - Policyholder's Protection Act, 1975 - Insurance Companies Act 1982 - the time barrier on litigation - Limitation Act, 1980 0 death in relation to tort - Fatal Accidents Act, 1976 - Law Reform (miscellaneous provisions) Act 1934 - Law Reform (contributory negligence) Act 1945 - Crown Proceedings Act, 1947 - Occupiers' Liability Act, 1957 - Law Reform (husband and wife) Act, 1971 - Theft Act, 1968 - Litigants in Person (costs and expenses) Act, 1975 - Congential Disabilities (Civil Liability) Act 1976 - Unfair Contract Terms Act, 1978 - Civil Liability (Constructino ) Act, 1978 - Sale of Goods Act, 1979 - Highways Act, 1980 - Road and Street Works Act, 1991
Chapter VII The Market and its Sales Methods
A competitive marker - A.B.I or Lloyd's - seling motor insurance - the margarine or cornflakes approach - market research - methods of buying insurnace - the Lloyd's motor market - the break up of the tariff - intensified competition - market dimensions - one stop shopping - agency control
Chapter VIII The Electronic office
The Omputer - the work station - networking - electronic data interchange (EDI) - Computer quotations - some modern office aids - the human factor - some disadvantages - the deeper problems - interior distortion - where statistics cannot help
Chapter IX Rating
Conventional rating factors - goods-carrying vehicles - motor cycles - agricultural and forestry vehicles and instruments - motor traders - hire vehicles - fleets - statutory underwriting factors - Sex Discrimination Act, 1975 - Race Relations Act, 1976
Chapter X Underwriting Selecting and Grading
Limiting factors - fixing the standard rate - selcting the standard risk - guidnace - non-standard risks - routine reactions - limiting cover - loading premiums - underwriting by occupation - underwriting by age.
Chapter XI Proposal Forms
Comsumer protection - Statements of Insurance Practive - private car proposal form - the declaration - premium payment by instaments - voluntary limitation of cover - shortened private car proposal - goods carrying vehicle proposal form - fleet risks - motor cycle proposal form - motor trade (road risks) proposal form - motor trades
(internal risks) proposal form
Chapter XII Certificates, Cover Notes and Policies
the certificate - 'blanket' certificate - the cover note - the policy - loss of or damage of insured vehicle - liability to third parties - EC compulsory insurance - avoidance of certain terms and rights of recovery - indemnity to principal - a change of policy?
Chapter XIII Policy Condition and Exceptions - Their Construction
Warranties compared with conditions - general exceptions - rules of construction - the Unfair Contract Terms Act, 1977
Chapter XIV Renewals and Adjustments
The legal effect of renewal - utmost good faith - jogging the insured's memory - no backdating cover - no days of grace - the compromise - the importance of renewals - a bad practice - adjustments - premium changes - endorsement drafting
Chapter XV No Claim and other Discounts - Return of Premium
An illogical arrangement - popular with the public - the N.C.D. clause - preserving the bonus - administrative problems - some advantages - a loyalty bonus - and admissible head of damage - proof of bonus - other forms of rebate for private cars, motor cycles and commercial vehicles - return of premiums - total failure of consideration - partial failure of consideration - after a total loss
Chapter XVI Reinsurance
Excess of loss treaties - the index clause - premium calculation - obligations to reinsurers - facultative reinsurance - stop loss reinsurance - insurable interest
Chapter XVII The Motor Insurers Bureau
Gaps in insurance cover - a remedy - legal status - the 1988 agreement - the 1972 agreement - funding - the Domestic Agreement - recovery from uninsured motorises - Act only cases
Chapter XVIII Market Agreements
The knock-for-knock agreement - the standard worfing - unpopularity - the advantages for policyholders - some disadvantages for insurers - living without knock-for-knock agreements - third party sharing agreements - limits - impact damage agreement - the common law agreement - motor/public liability agreement - motor/fire agreement - personal effects
Chapter XIX Claims - By Policyholders
The accident report form - the doctrine of estoppel - accidental damage claims - approved repairers arithmetic - betterment - contract prices for repair work - satisfaction note - total losses - the salvage - replacement - recovery and storage charges - common exceptions - frost damage - drink related offences - fire claims - theft claims - reasonable care - the Nemo Dat rule - a deception exclusion - revised Statement of Insurance Pratice
Chapter XX Claims - By Third Parties
Policy exceptions - investigarion of evidence - Police reports - unsocial hours - direct dealing - medical evidence - other evidence - the quantum of damages - the Law Commissions Review - interim and provisional damages - the 1991 civil justice changes - small claims jurisdiction - payment into court - settling at the court door - interest on damages - loss of use claims - seat belts - drunken drivers and their passengers
Chapter XXI The International Aspect
The Green Card system - community law 0 the three EC directives - European accident statement - conflict of laws - forum shopping - EC influence on English domestic law - the Court of Justice of the EC - Exchange rates
Chapter XXII A few Contemporary Problems
Lack of stability - loyalty among policyholders - maintenance costs - trading down - inflation and moral hazard - road congestion - market competition - distortion
Chapter XXIII The Public Image
A once politically sensitive problem - extra-legal pressures - the law as a minimum standard - the second Statement of Insurance Practice - spokesmen for the industry - common complaints - the Consumers Association - Sentry insurance - advertising - communications - research - accident proneness - fighting fraud - the Insurance Ombudsman Bureau
Chapter XXIV The System of Work
The main operational site - local offices - physical layout - open plan - centralisation or decentralisation? departmental routine - staff - standard forms and letters - security measures
Chapter XXV Towards a Profit
Small is beautiful - a changing world - back to basics - a fixed income - sales costs - administrative costs - underwriting policy - checking claimes cost - non-conformity - in the final analysis
Chapter XXVI The Future
Changes affecting motoring - the environmnetal factor - internal combustin engine alternative - road congestion - traffic forecasting - changes affecting motor insurance - a less fragmented market - a new working arrangements - more elderly drivers - legal change - consumerism
Appendix I
a) Private Car Comprehensive Policy
b) Private Car Third Party and Theft Policy
c) Private Car Insurance
Appendix II
a) Knock-for Knock Agreement
b) Third Party claims Sharing Agreement
Appendix III
a) Accident Report
b) Fire or Theft
c) Windscreen
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