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Research Handbook on International Insurance Law and Regulation 2nd ed

Research Handbook on International Insurance Law and Regulation 2nd ed

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781802205886
  • Previous Edition ISBN: 9781849807883
  • 出版时间 December 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥3,466.25

¥3,362.27 Save ¥103.98 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.

    Produced in association with Lloyd’s of London, chapters provide in-depth studies on key areas including judicial interpretation of insurance contract clauses and transnational regulatory recognition, as well as overviews on important international jurisdictions such as the EU, Japan and the US. This comprehensive second edition critically analyses how insurance law and regulation have responded to the growth in sophisticated technology, the burgeoning climate crisis, and the development of new insurance structures.

    This Research Handbook will appeal to legal students and academics, particularly those with an interest in commercial law, finance and banking law, and insurance law. This book will also be beneficial for policymakers and private practice lawyers working in the commercial legal sector.

  • Foreword xii
    Introduction to the second edition xiv
    Introduction to the first edition xxv

    PART I. INSURANCE CONTRACT LAW
    1.
    The shape of insurance contract law 2
    James Davey
    2.
    Methodology: how a law and economics approach has shaped insurance law 24
    Peter Molk
    3.
    Definition: the general and the parametric 36
    Laura Burgoyne
    4.
    Pre-contractual duties: the fair presentation of the risk – an English law approach 76
    Peter MacDonald-Eggers KC
    5.
    Contract terms: judicial approaches to the interpretation of insurance contracts 103
    Oliver Brand
    6.
    Claims: an overview of the US tort of ‘bad faith’ – a common law approach to regulating insurer claims-handling and settlements 133
    Suzanne C. Midlige and William J. Metcalf
    7.
    Reinsurance: finding the balance between reinsurers’ and reinsureds’ interests 165
    Michael Mendelowitz and Rob Merkin KC
    8.
    Closing books of business: the challenge of fairness and finality 192
    Bob Haken and Simon Baker
    9.
    Choice of law: New York and English approaches to insurance and reinsurance contracts 221
    Raymond Cox KC

    PART II. INSURANCE REGULATION
    10.
    An introduction to insurance regulation 247
    Peter Kochenburger and Patrick Salve
    11.
    Systemic risk regulation: evolving approaches in insurance 281
    Jeremy C. Kress, Patricia A. McCoy and Daniel Schwarcz
    12.
    Competition: the insurance sector and the application of competition law – an overview 308
    Edward W. Batchelor
    13.
    Transnational supervisory recognition: a macro-jurisdictional overview 342
    Hermann Geiger
    14.
    Prudential supervision: capital standards in a risk-based solvency regime 367
    Karel Van Hulle
    15.
    Conduct of business regulation: a survey of the UK regime and a comparison with the US, German, French and Hong Kong approach 404
    James Smethurst, Wessel Heukamp, Marc Perrone, Matthew O’Callaghan, Priti Lancaster and John Mulhern
    16.
    Enforcement: a survey of the approaches taken to insurance regulatory enforcement in the United States of America and in the United Kingdom 438
    Aviva Abramovsky, Dan D. Kohane, Farhaz Khan KC and Paul Bonner Hughes
    17.
    Lloyd’s: the authorisation of Lloyd’s in the United Kingdom and overseas 467
    Julian Burling
    18.
    Lloyd’s: the development of performance management 499
    Kevin Lazarus

    PART III. DEVELOPING AREAS OF INSURANCE LAW AND REGULATION
    19.
    Alternative risk transfer: insurance linked securities – their evolution, structures and regulation 523
    Joseph Ferraro, Jennifer Tait and David Griffiths
    20.
    Sustainability: the climate and nature crisis – a leadership role for insurance 551
    Geoff Summerhayes, Laura Waterford, Nigel Brook, Wynne Lawrencea, and Zaneta Sedilekova
    21.
    Data: the growth of risk-related data in insurance and protecting privacy 590
    Brendan McGurk
    22.
    Smart contracts: balancing innovation and consumer protection in insurance law and regulation 621
    Miriam Goldby and Jeremmy Okonjo
    23.
    Artificial intelligence: attempts at developing an ethical approach for its use in insurance 647
    Anya Prince and Seamus Taylor

    PART IV. REGIONAL STUDIES IN INSURANCE LAW AND REGULATION
    24.
    Europe: the architecture and content of EU insurance regulation 675
    Robert Purves
    25.
    USA: A regulatory overview of the world’s largest insurance market 708
    John Mulhern, Sara Manske and Robert Mancuso
    26.
    Bermuda: regulating big insurance on a small island 728
    Alex Potts KC and Jonathon O’Mahony
    27.
    United Arab Emirates: developing insurance on the Arabian Peninsula 759
    Sam Wakerley, John Barlow, Thomas Neighbour and Shane Gibbons HFW
    28.
    China: insurance regulation in a rapidly evolving market 787
    Carrie Yang
    29.
    Japan: the insurance concept in the Insurance Act and the Insurance Business Act 810
    Seiichi Ochiai, Shinichi Takahashi and Ryoko Takeda
    30.
    The Republic of Korea: an overview of insurance law and regulation 835
    Jae Hong Ahn, Partner, Kim, Chang, Sung Woo Huh, Kim Chang and Younghwa Paik

    Index 856

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