Annotated Insurance Contracts Act
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By: Peter Mann, Candace Lewis
Comprehensive annotation of both the Insurance Contracts Act 1984 and the Insurance (Agents and Brokers) Act 1984. Considers the case law on the subject and incorporates the most recent legislative amendments (October 1994). Contains cross-referencing and comparisons between various sections of the Acts. Includes an index, a table of cases and table of statutes and list of abbreviations. Peter Mann is a partner with Abbott Tout, Solicitors'and Candace Lewis is a solicitor.
AI Overview
The book "Mann's Annotated Insurance Contracts Act" by Peter Mann and Candace Lewis is a comprehensive guide to the Insurance Contracts Act 1984 (Cth) in Australia. Here is a detailed overview of the book:
Key Themes
Comprehensive Annotation: The book provides the full text of the Insurance Contracts Act 1984 accompanied by clear and concise annotations. These annotations cover key sections of the Act, including utmost good faith, electronic communication, the powers of ASIC, disclosure, misrepresentations, remedies under contracts of life insurance, the rights of third-party beneficiaries, and subrogation.
Case Law and Commentary: The book incorporates extensive references to relevant case law, including recent High Court decisions like Maxwell v Highway Hauliers. Over 20 cases are added to the commentary, providing a thorough understanding of the legislation's application in practice.
Ease of Use: The book is designed for ease of use, with headings, sub-headings, cross-referencing of sections, and examination of the relationship between sections. Paragraph numbers correspond with section and sub-section to assist in recognition.
Revisions and Updates: The seventh edition, revised, includes significant additions to the commentary on sections 13 (utmost good faith), 21 (disclosure), and 54 (remedies). This reflects the substantial changes made by the Insurance Contracts Amendment Act 2013.
Plot Summary
The book does not have a narrative plot but rather serves as an annotated guide to the Insurance Contracts Act 1984. It provides a detailed analysis of the Act's provisions, including:
- Utmost Good Faith: The duty of utmost good faith and its implications in insurance contracts.
- Electronic Communication: Changes related to electronic communication in insurance contracts.
- ASIC Powers: The powers of the Australian Securities and Investments Commission (ASIC) under the Act.
- Disclosure and Misrepresentations: Requirements for disclosure and the consequences of misrepresentations.
- Remedies: Available remedies under contracts of life insurance.
- Rights of Third-Party Beneficiaries: The rights and obligations of third-party beneficiaries in insurance contracts.
- Subrogation: The concept of subrogation and its application in insurance law.
Critical Reception
While specific reviews are not provided in the search results, the book is widely regarded as a comprehensive resource for understanding the Insurance Contracts Act 1984. Its detailed annotations, extensive case law references, and clear structure make it a valuable tool for legal professionals and insurance market practitioners. The inclusion of recent High Court decisions and significant amendments to the Act indicate its relevance and authority in the field of insurance law.
Publication Details
- Authors: Peter Mann and Candace Lewis
- Publication Date: The seventh edition, revised, was published in 2015.
- Call Number: KN 290 K1 SUTT v. 1 and 2 (University of Melbourne Library).
In summary, "Mann's Annotated Insurance Contracts Act" is a meticulously crafted guide that provides a thorough understanding of the Insurance Contracts Act 1984. Its comprehensive annotations, extensive case law references, and ease of use make it an essential resource for anyone working with insurance contracts in Australia.