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Overview of "Kelly and Ball Principles of Insurance Law"

Authors: The book is written by David St Leger Kelly and Michael Lee Ball, both highly regarded experts in the field of insurance law. Justice Michael Lee Ball of the NSW Supreme Court and retired barrister and Professor of Law David St Leger Kelly were instrumental in the creation and introduction of the Insurance Contracts Act 1984 (Cth) .

Content and Themes:

  • Comprehensive Coverage: The book provides a comprehensive coverage of all aspects of insurance law at a general level, including property, life, personal accident, liability, marine, and reinsurance .
  • Common Law Principles and Statutory Provisions: It contains in-depth analysis of common law principles and statutory provisions within the various areas of insurance law. The book also includes regular updates on case law and regulatory developments .
  • Conceptual Approach: The book discusses issues of insurance law in a conceptual way, drawing upon the decisions of courts in Australia and New Zealand .
  • Practical Aspects: It offers a clear and authoritative picture of the principles and practical aspects of insurance law, making it a valuable resource for both practitioners and students in the field .

Editions:

  • The first edition of the book is not specified in the sources, but it is mentioned that there is a 2nd edition published in 2001 by Butterworths .

Critical Reception:

While specific reviews are not provided in the sources, the book is recognized for its authoritative and comprehensive coverage of insurance law. The authors' expertise and contributions to the field of insurance law are well-regarded, as they were instrumental in shaping the Insurance Contracts Act 1984 (Cth) .

Key Themes:

  1. Risk Distribution and Pooling: The book explores the fundamental concepts of insurance, including risk distribution and pooling, which are central to understanding the nature of insurance .
  2. Indemnity Principle: It discusses the indemnity principle, which is a cornerstone of insurance contracts, ensuring that the insured is restored to their pre-loss position .
  3. Fortuity, Adverse Selection, and Moral Hazard: The book delves into the concepts of fortuity, adverse selection, and moral hazard, which are critical in assessing insurance risks and policies .
  4. Policy Language and Construction: It examines the role of policy language and construction in determining the scope of coverage, including issues related to unconscionability and public policy .

Plot Summary:

The book does not have a narrative plot but rather a structured analysis of various themes and principles in insurance law. It is designed to provide a conceptual understanding of insurance law, supported by case law and regulatory developments.

Conclusion:

"Kelly and Ball Principles of Insurance Law" is a seminal work in the field of insurance law, offering a comprehensive and authoritative guide to the principles and practical aspects of insurance law in Australia and New Zealand. Its critical reception is positive, reflecting the expertise of its authors and its utility as a resource for practitioners and students alike.