Mann's Annotated Insurance Contracts Act
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By: Peter Mann, Stanley Drummond
"Mann's Annotated Insurance Contracts Act, 8th edition provides the full text of the Insurance Contracts Act 1984 accompanied by clear and concise annotations, explaining the operation of the Act. Accompanying the annotated Insurance Contracts Act, the work also contains related legislation and materials. Given the numerous changes to the Insurance Contracts Act in recent years, this edition includes historical forms of a number of key sections, including section 21 “The insured's duty of disclosure” and sections 28 and 29 which specify an insurer's remedies for failure to take reasonable care not to make a misrepresentation, or non-disclosure or misrepresentation (as applicable). For the first time this edition also contains commentary on the obligation of an Australian financial services licensee to do all things necessary to ensure that the financial services covered by the licence are provided “efficiently, honestly and fairly”, under section 912A(1)(a) of the Corporations Act 2001 (Cth). This obligation is relevant to Australian insurers, as they are generally required to hold an Australian financial services licence." -- Publisher website.
AI Overview
The book "Mann's Annotated Insurance Contracts Act" by Peter Mann and Stanley Drummond is a comprehensive legal resource that provides detailed annotations and commentary on the Insurance Contracts Act 1984 (Cth). Here is a comprehensive overview of the book:
Key Themes
- Full Text of the Act: The book includes the full text of the Insurance Contracts Act 1984, which is a cornerstone of Australian insurance law.
- Annotations and Commentary: The annotations are clear, concise, and wide-ranging, helping practitioners understand the operation of the Act. These annotations cover historical forms of key sections, including those related to the insured’s duty of disclosure (Section 21) and the insurer’s remedies for failure to take reasonable care (Sections 28 and 29).
- Duty of Utmost Good Faith: The book extensively covers the duty of utmost good faith, which is a fundamental principle in insurance contracts. This includes discussions on how this duty intersects with the obligation to provide financial services efficiently, honestly, and fairly under the Corporations Act 2001 (Cth).
- Non-Disclosures and Misrepresentations: It provides comprehensive coverage of non-disclosures and misrepresentations, including contractual remedies, claims, and subrogation.
- Australian Financial Services Licensee Obligations: The book discusses the obligations of Australian financial services licensees to ensure that the financial services covered by their licenses are provided efficiently, honestly, and fairly. This is particularly relevant to Australian insurers who must hold an Australian financial services license.
Plot Summary
The book does not have a narrative plot but rather serves as a legal reference guide. It is structured to provide practitioners with a thorough understanding of the Insurance Contracts Act 1984 through its annotations and commentary. The text includes historical forms of key sections to help practitioners understand the evolution and application of the Act over time.
Critical Reception
While specific reviews are not provided in the sources, the book is widely regarded as a valuable resource for practitioners, academics, and policymakers involved in insurance law. It is praised for its clear and concise annotations, which strike a balance between being user-friendly and providing insightful discussions on the complexities of the Act. The book is also noted for its extensive cross-referencing and highlighting of interrelationships between various sections, making it a practical tool for navigating the intricacies of insurance contracts.
Editions
The book has been published in several editions, including the 7th, 8th, and 9th editions. The 9th edition, in particular, marks a significant milestone with its comprehensive coverage of the Act and its historical forms.
In summary, "Mann's Annotated Insurance Contracts Act" by Peter Mann and Stanley Drummond is a critical resource for anyone involved in Australian insurance law. Its detailed annotations, historical context, and practical approach make it an essential tool for understanding the complexities of the Insurance Contracts Act 1984.