MacGillivray on Insurance Law

"MacGillivray on Insurance Law" is a comprehensive legal text that has been a trusted authority on non-maritime commercial insurance and risk for over one hundred years. The book is authored by Evan James MacGillivray, John Birds, Ben Lynch, and Simon Milnes, and it has undergone significant revisions, with the 15th edition being the latest.

Key Themes and Structure

1. General Principles:

   • Nature of Insurance and Insurable Interest: The book begins by examining the fundamental principles of insurance, including what constitutes insurable interest and the nature of insurance contracts.
   • Formation of the Contract: It delves into the process of forming an insurance contract, including the elements necessary for a valid contract.
   • Form of the Contract: The text discusses the various forms that insurance contracts can take, such as policies and other agreements.
   • Execution and Delivery of Policy: It covers the steps involved in executing and delivering an insurance policy.
   • Commencement and Termination of Risk: The book explains when the risk covered by the policy begins and ends.
   • Payment of Premium: It discusses the payment of premiums, including the timing and methods of payment.
   • Return of Premium: The text addresses situations where premiums are returned, such as in cases of policy cancellation.
   • Warranties and Other Policy Terms: It examines the warranties and other terms included in insurance policies.
   • Construction of Policies: The book provides guidance on interpreting the terms of insurance policies.
   • Rectification: It discusses the process of rectifying errors in insurance policies.
   • Conflict of Laws: The text addresses issues related to conflicts of laws in insurance contracts.
   • Illegality: It covers the implications of illegality on insurance contracts.
   • Mistake: The book examines the impact of mistake on insurance contracts.
   • Misrepresentation: It discusses the consequences of misrepresentation in insurance contracts.
   • Good Faith and the Duty of Disclosure: The text emphasizes the importance of good faith and the duty of disclosure in insurance contracts.
   • Fraud, Misrepresentation, and Non-disclosure by Third Parties: It addresses fraud, misrepresentation, and non-disclosure by third parties.
   • Consumer Insurance (Disclosure & Representations) Act 2012: The book covers the key provisions of this act.
   • The Insurance Act 2015: It provides an updated commentary on the significant developments related to this act.
   • The Loss: The text explains the concept of loss in insurance law.
   • The Claimant: It discusses the rights and obligations of claimants under insurance policies.
   • Reinstatement: The book covers the process of reinstatement in insurance contracts.
   • Subrogation: It examines the concept of subrogation in insurance law.

2. Particular Classes of Business:

   • The book also covers specific classes of business, including:
     • Rights of Two or More Insurers: It discusses the rights and obligations of multiple insurers.
     • Life Insurance: The text provides an overview of life insurance policies.
     • Personal Accident Policies: It covers personal accident policies.
     • Property Insurance: Fire policies: The book examines property insurance related to fire.
     • Property Insurance: Other Insurances on Property: It discusses other types of property insurance.
     • Third Party Risks: The text addresses third-party risks in insurance.
     • Motor Vehicle Insurance: It covers motor vehicle insurance.
     • Aviation Insurance: The book provides an overview of aviation insurance.
     • Insurance Against Pecuniary Loss: It discusses insurance against pecuniary loss.
     • Contractors’ Risk Policies: The text examines contractors’ risk policies.
     • Reinsurance: It covers reinsurance arrangements.

3. Parties Involved:

   • The book also delves into the roles and responsibilities of various parties involved in the insurance business, including:
     • Insurance Companies: It discusses the operations and obligations of insurance companies.
     • The Course of Business at Lloyd’s: The text provides an overview of the business practices at Lloyd’s.
     • The Role of Agents in Insurance Business: It examines the role of agents in the insurance industry.

Critical Reception

"MacGillivray on Insurance Law" is widely regarded as a trusted and authoritative text in the field of non-maritime commercial insurance and risk. The book has been praised for its comprehensive coverage of general principles, specific classes of business, and the parties involved in the insurance industry. It is considered essential reading for anyone seeking advice on insurance law, including legal professionals, insurers, and policyholders.

The 15th edition, with its second supplement, is particularly notable for bringing readers up-to-date with the latest case law and legislative developments. This ensures that the text remains relevant and useful for practitioners and students alike.

Plot Summary