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Overview of "Mann's Annotated Insurance Contracts Act" by Peter Mann and Candace Lewis

Key Themes

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. The key themes include:

  1. Utmost Good Faith: The book delves into the duty of utmost good faith, which is a fundamental principle in insurance contracts. It discusses how this duty has evolved under the Act and in relation to common law precedents.

  2. Electronic Communication: The authors cover the changes introduced by the Insurance Contracts Amendment Act 2013, particularly regarding electronic communication and its implications for insurance contracts.

  3. Disclosure and Misrepresentations: The book provides detailed commentary on sections 13 and 21 of the Act, which deal with disclosure and misrepresentations. It includes extensive references to relevant case law, such as Maxwell v Highway Hauliers.

  4. Remedies Under Contracts of Life Insurance: The authors discuss the remedies available under life insurance contracts, including changes introduced by the 2013 amendments.

  5. Rights of Third Party Beneficiaries and Subrogation: The book examines the rights of third-party beneficiaries and subrogation under the Act, providing insights into how these concepts are interpreted in Australian law.

Plot Summary

The book is not a narrative but an annotated guide to the Insurance Contracts Act 1984. It provides the full text of the Act accompanied by clear and concise annotations. The annotations include:

  • Background/Synopsis: A detailed background and synopsis of each section of the legislation.
  • Extensive References to Relevant Case Law: The book incorporates over 20 cases, including significant decisions like Junemill Ltd (in liq) v FAI General Insurance Co Ltd (1996).
  • Direct Quotations and Commentary: The authors use direct quotations from the Act and relevant case law to provide a comprehensive understanding of each section.
  • Ease of Use: The book is designed for ease of use with clear headings, sub-headings, cross-referencing of sections, and examination of the relationship between sections.

Critical Reception

The book has been well-received for its comprehensive and practical approach to understanding the Insurance Contracts Act 1984. The 7th edition, revised by Candace Lewis, has been particularly noted for its significant additions to the commentary on key sections, including utmost good faith, disclosure, and remedies.

The critical reception highlights the book's utility for a wide audience, including lawyers, insurance practitioners, and students of insurance law. The authors' goal of making the book comprehensive and easy to use has been achieved, making it a valuable resource for anyone dealing with insurance contracts in Australia.

Publication Details

  • Authors: Peter Mann and Candace Lewis
  • Edition: 7th edition, revised
  • Publication Date: 2015
  • ISBN: 9780455500096 (paperback)

Additional Context

For further context, it is worth noting that the book is part of a series of annotated guides to Australian legislation, designed to provide practitioners and students with a detailed understanding of the legal framework governing insurance contracts in Australia. The book's structure and content reflect the ongoing evolution of insurance law, incorporating recent legislative changes and case law developments.