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English Private Law$
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Andrew Burrows

Print publication date: 2013

Print ISBN-13: 9780199661770

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199661770.001.0001

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(p.763) 13 INSURANCE1
English Private Law

Malcolm Clarke

Oxford University Press

This chapter first looks at the formation of insurance contracts on the basis of mutual consent. It then considers the effect of flaws in consent brought about by mistake, misrepresentation and, a possibility that distinguishes insurance contracts from other contracts, non-disclosure. Once a contract has been validly formed, next comes its content, preceded by an outline of the relevant rules of interpretation — necessary because of the overriding importance of insurance policies. The chapter then presents the law particular to insurance: insuring clauses, which express cover in positive terms; exclusions delimiting cover in negative terms and giving cover its final shape; and warranties which underlie the contract of insurance as conditions precedent to cover. Finally, it deals with policyholder claims against insurers for the sum insured.

Keywords:   English law, insurance law, insurance contracts, mutual consent, non-disclosure, misrepresentation, claims, clauses, warranties

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