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Halsbury's Laws of Canada – Insurance (2015 Reissue)

From general insurance issues to the specific rules that apply to particular types of insurance, this volume is an ideal resource for users seeking both a broad overview of the law and direct answers to questions likely to arise in the course of practice.
Publication Language: English
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ISBN/ISSN: 9780433485049

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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $295 each.

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Insurance issues are a familiar and pervasive component of most contemporary personal and business transactions, making a basic understanding of the legal principles that underlie insurance an important asset for lawyers in all areas of practice. Canadian law closely regulates the insurance industry in every provincial and territorial jurisdiction, and this title provides a concise and valuable summary of the many aspects.

From general insurance issues to the specific rules that apply to particular types of insurance, this volume is an ideal resource for users seeking both a broad overview of the law and direct answers to questions likely to arise in the course of practice.

This volume includes coverage of regulation of insurance; insurance companies; agents, brokers and adjusters; insurance policies; life insurance; fire insurance; accident and sickness insurance; and marine insurance. Specific topics covered include:

  • Constitutional and human rights issues
    • Division of powers
    • Application of the Charter of Rights and Freedoms
    • Discrimination under human rights legislation
  • Classification of insurance
    • Classes of insurance
    • Classification of insurance contracts
    • Classification of insurer
  • Insurance companies
    • Classification of insurance companies
    • Licensing requirements
  • Agents, brokers and adjusters
    • Definitions
    • Licensing
    • Duties
    • Liability and disciplinary proceedings
  • Key aspects of the insurance contract
    • Insurance contracts
    • Insurance policies
    • Payment of insurance proceeds
  • Detailed examination of important insurance classes
    • Life insurance
    • Fire insurance
    • Accident and sickness insurance
    • Marine insurance

Features and Benefits

  • Enhanced contents
  • A general table of contents to the level of chapter headings
  • A detailed table of contents to the level of clause headings
  • Detailed sectional contents set out within the commentary for each chapter and section
  • References and abbreviations – an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
  • Selected secondary sources – setting out selected texts, articles and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
  • Glossary of definitions – identifying words and phrases defined in personal property security legislation and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions
  • Table of cases
  • Table of statutes and statutory instruments
  • List of related titles
  • Index

Featured authors

Table of contents

Table of Contents

  1. Introduction

    1. Regulation of Insurance
    2. Constitutional and Human Rights Issues
    3. Classification of Insurance
    4. Definitions

  2. Insurance Companies

    1. Classification of Insurers
    2. Licensing Requirements

  3. Agents, Brokers and Adjusters

    1. Definition
    2. Licensing Requirements
    3. Authority to Act
    4. Duties
    5. Liability and Disciplinary Proceedings

  4. The Insurance Contract

    1. Contracts of Utmost Good Faith
    2. What Constitutes an Insurance Contract
    3. Contents of Insurance Contracts
    4. Negotiation of the Contract
    5. Duration of the Contract
    6. Interpretation of Insurance Contracts

  5. Insurance Policies

    1. What Constitute and Required Contents
    2. Requirement that Policy be in Writing
    3. Enforcement of Legislative Requirements
    4. Statutory Conditions
    5. Interpretation of an Insurance Policy

  6. Payment of Insurance Proceeds

    1. Introduction
    2. Obligations on Insured
    3. Duties of Insurer
    4. Limitation and Division of Payment Obligations

  7. Life Insurance

    1. Introduction
    2. The Contract and the Policy
    3. Insurable Interest
    4. The Premium
    5. Disclosure Requirements
    6. Designation of Beneficiary or Personal Representative
    7. Transfer and Assignments of Rights and Interests by Insured
    8. Payment of Insurance Money
    9. Grounds upon Which an Insurer Can Avoid Paying Insurance Money

  8. Fire Insurance

    1. Definition and Losses Covered
    2. Application of Legislation
    3. The Contract
    4. The Insurance Policy
    5. Statutory Conditions
    6. Payment of Insurance Proceeds
    7. Grounds for Refusal of Claim

  9. Accident and Sickness Insurance

    1. What Constitutes Accident and Sickness Insurance
    2. Application of Statutory Provisions
    3. The Contract
    4. Preservation of Rights under Group Insurance Contract
    5. Insurance Policies and Certificates
    6. Statutory Conditions
    7. Premiums
    8. Insurable Interest
    9. Misrepresentation, Non-Disclosure and Misstatement of Age
    10. Payment of Insurance Money
    11. Court Proceedings

  10. Marine Insurance

    1. Legislative Context
    2. Marine Adventures and Perils
    3. Marine Insurance Contracts
    4. Marine Policies
    5. Insurable Interest
    6. Insurable Value
    7. Warranties by the Insured
    8. Commencement of and Changes in the Voyage
    9. The Premium
    10. Loss and Abandonment
    11. Measure of Indemnity
    12. Contribution and Subrogation