"This book provides a stimulating and critical review of a doctrine that is far from dead." Professor Malcolm Clarke, Professor Emeritus of Commercial Contract Law, St John's College, University of Cambridge
"A thoroughly researched inquiry that is both broad in scope and nuanced in its analysis of case law and concepts. It not only re-examines and corrects much of the conventional wisdom regarding the reasonable expectations concept but also appreciates the application of the doctrine to the overall insurer-policyholder relationship as well as to coverage disputes...A fresh and interesting exploration that has both perspective and detail. The book makes insightful observations and marshals specific supporting evidence that requires rethinking of traditional views of both insurance law and contract law....Just when you thought everything had been said about the reasonable expectations "doctrine,” Professor Han provides new and important insights that will prove valuable to scholars addressing the topic, judges deciding cases, and lawyers representing both insurers and policyholders." Jeffrey W Stempel, Doris S & Theodore B Lee Professor of Law, William S Boyd School of Law
"This sweeping study of the policyholder's reasonable expectations makes a strong case for placing greater emphasis on this notion in English insurance law. Analyzing the issue from both doctrinal and comparative law perspectives, it is a must-read for anyone in the field.” Professor Kenneth S Abraham, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
"This book provides the most systematic and comprehensive analysis in the literature on the principle that courts should safeguard policyholders' reasonable expectations of coverage. In the process, it offers a convincing argument that English insurance law should consider policyholders' reasonable expectations of coverage." Professor Daniel Schwarcz, Julius E. Davis Professor of Law, University of Minnesota
"This book provides an analysis of the concept of the policyholder's reasonable expectations and an enquiry into the place this concept holds and should hold in English law on insurance contracts. In doing so the book addresses wider questions, such as the justifications for not making substantial distinctions in law between insurance contracts and contracts in general, the subsumed role of expectations in contract law, and the real significance of good faith in the performance of contracts under English law. It argues that English law's reluctance to engage with the policyholder's reasonable expectations as a contextualist interpretative principle is misplaced and unjustifiable. It is a thought-provoking, engaging and timely discussion of an issue the relevance of which is likely to increase in the aftermath of the reforms to English insurance law." Dr Miriam Goldby, Reader in Shipping, Insurance, and Commercial Law, Queen Mary University of London
When you’ve been hurt in an accident, dealing with insurance companies and lawyers can feel exhausting. But armed with the right information, you can handle a claim yourself—and save many thousands of dollars in the process.
How to Win Your Personal Injury Claim shows you how to handle almost any accident situation and guides you through the insurance claim process, step by step. Learn how to:
protect your rights after an accident
determine what your claim is worth
deal with uncooperative doctors and insurance companies
counter the special tactics insurance companies use
prepare a claim for compensation
negotiate a full and fair settlement
stay on top of your case if you hire a lawyer
This completely updated edition of How to Win Your Personal Injury Claim provides your state’s most recent laws, including small claims court limits and lawsuit filing deadlines.
Dealing with insurance companies and lawyers when filing a personal injury claim can feel like another accident is in the offing. But you can handle a claim yourself -- and save hundreds or thousands of dollars in the process.
How to Win Your Personal Injury Claim shows you how to handle almost every accident situation, and guides you through the insurance claim process, step by step. Learn how to:
protect your rights after an accident
determine what your claim is worth
handle a property-damage claim
deal with uncooperative doctors, lawyers, and insurance companies
counter the tactics insurance companies use
prepare a claim for compensation
negotiate a full and fair settlement
stay on top of your case if you hire a lawyer
This edition of How to Win Your Personal Injury Claim provides your state's most recent laws, small-claims court limits and Department of Insurance contact information. Plus, you'll find a new chart explaining your state's in-car text and cell phone laws.
• Part I introduces the concepts of risk and risk management.
• Part II deals with the perils and hazards of public entities, specifically governmental tort liability.
• Part III covers insurance policies and risk management alternatives other than commercial insurance.
Also includes standard Insurance Services Office (ISO) and other forms and checklists.
First published in 1991.
Washington Insurance Law discusses the major concepts of insurance practice and lays the foundation for understanding various, more complex types of insurance and insurance disputes. For less than the cost of one hour of consultation, you can have the reference that has been cited in two key insurance cases by the Supreme Court of Washington: Allstate insurance v. Remedios and McRory v. Northern Insurance Company.
definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts.
Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.
The rules regarding formation of contracts
The contents of a contract
Vitiating factors, factors which invalidate an otherwise validly formed contract
The rules on discharge of contractual obligations
Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses and professional courses such as ILEX.?The series provides the?simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes:
diagrams at the start of chapters to summarise key points
structured headings and numbered points to allow for clear recall of the essential points
charts and tables to break down more complex information
Where relevant, chapters also contain a Key Cases section which provides the simplest and most effective way to absorb and?memorise essential cases needed for exam success.
Essential and leading cases are explained
The style, layout and explanations are user friendly?
Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
This volume is the work of Kaplan’s staff of insurance experts and instructors who have diverse and hands-on experience in the insurance industry. Kaplan Financial Education has been producing reference manuals, training, and study materials for the insurance industry for more than 30 years.
'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.'
Robert H Stevens, University College, London.
'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.'
Mike Macnair, Oxford University.
'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.'
David Ibbetson, Cambridge University.
'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.'
Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)
The key features of the volume are:
• Comprehensive coverage of modern laws on contract formation.
• Discussion on the relevance of international laws in the global business context.
• Delineation of the modern style, practice and challenges confronting new forms of contracts.
• Description of the application of contract law to special contracts.
• Discourse on the issues of international taxation and multinational contractual jurisdiction.
• Research-based analysis of the common law approach with the Indian perspective on contract law application.
The compilation views modern business contracts in a wide variety of commercial segments-from infrastructure to consortium loans, from joint ventures to outsourcing. It will serve as an excellent reference material for students of law, especially commercial law and business contracts. It will also be an exhaustive guide for lawyers and entrepreneurs.
Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes.
Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more.Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes
If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
In Contractors in the Government Workplace: Managing the Blended Workforce, author Glenn Voelz offers best practices and tips for employees and junior supervisors tasked with managing hybrid government-contractor teams. Focusing primarily on service-based contracting, the most rapidly expanding element of government acquisitions over the past decade, he provides an understanding of the tools, techniques, rules, and regulations relating to supervision of contractors in the workplace. He also discusses legal, ethical, and security tips to help avoid common mistakes and violations of Federal Acquisition Regulation (FAR) guidelines. Voelz explains in a straightforward way all aspects of government contracting that acquisition personnel need to know, including the basics of service-based contracting, the government-contractor relationship, acquisition team responsibilities, administration procedures, contract language, common mistakes government managers may make, methods of evaluation, Performance-Based Service Acquisitions, and ethical and legal concerns. An extensive bibliography supplements the text along with several appendices which include a glossary of key acquisition terms, a checklist for reviewing and analyzing contracts, tips for writing Performance Statements and Statements of Work, and guidelines for contingency contracting and contracting in forward locations or austere environments.
In Florida, the legal authorities governing and relating to property insurance, associated claims, and insurance adjusting are scattered in various bodies of law (beyond the “Florida Insurance Code”). Unfortunately, they are not always easy to locate, or logically categorized or ordered.
This book contains a comprehensive compilation of these statutes, rules, and other legal authorities. To compile the materials in this publication, an exhaustive review was undertaken of the Florida Statutes, Florida Administrative Code, and other bodies of law. Once compiled, the authorities were then re-categorized and re-ordered in an effort to make them easier to search.
In addition, this book includes a helpful list of over one hundred (100) important deadlines and timing issues, as well as a list of other selected statutes, an extensive list of state and federal cases (arranged by topic), and a list of resources relevant to property insurance and public adjusting.
Public adjusters should find this book helpful to their adjustment and handling of claims, and in dealing with insurance representatives. It should also assist public adjusters in becoming more familiar with the relevant legal authorities, and the legislative process, which has become more important in recent years with the passage of restrictive regulations for public adjusters.
This publication is not designed to be read from cover to cover like a traditional book; rather, it is to be used as a reference tool.
Table of Contents
Segment 1 – Important Deadlines and Timing Issues
Segment 2 – Statutes of Limitations and Notice Issues
Segment 3 – Public Adjusters and Insurance Representatives – Licensing and Appointments
Segment 4 – Public Adjusters and Insurance Representatives – Continuing Education
Segment 5 – Public Adjusters and Insurance Representatives – Ethical Rules and Other Similar Authorities
Segment 6 – Public Adjusters and Insurance Representatives – Advertising and Soliciting
Segment 7 – Public Adjuster Contracts
Segment 8 – Public Adjuster Fees, and Other Fees
Segment 9 – Public Adjusters and Insurance Representatives – Unlicensed Practice of Law and Adjusting
Segment 10 – Public Adjusters and Insurance Representatives – Other Rules
Segment 11 – Collection Issues
Segment 12 – Insurance Policies
Segment 13 – Cancellation, Renewal, and Nonrenewal of Insurance Policies”
Segment 14 – Claims Handling Issues
Segment 15 – Payment Issues
Segment 16 – Bad Faith and Unfair Trade Practices
Segment 17 – Fraud
Segment 18 – Disciplinary Issues for Public Adjusters, Insurance Representatives, and Insurers
Segment 19 – Mortgage and Banking Issues, and Lender Placed Insurance
Segment 20 – Ordinance or Law Coverage, including Building Codes, etc.
Segment 21 – Condominium and Timeshare Issues
Segment 22 – Sinkhole Claims
Segment 23 – Hurricane and Windstorm Issues
Segment 24 – Flood Insurance Claims
Segment 25 – Citizens Property Insurance Corporation
Segment 26 – Surplus Lines Insurance and Insurers
Segment 27 – Florida Insurance Guaranty Association (“F.I.G.A.”)
Segment 28 – Relief from the Federal Emergency Management Agency (“F.E.M.A.”)
Segment 29 – Right to Access Information
Segment 30 – Policyholder’s Bill of Rights
Segment 31 – Various Definitions
Segment 32 – Mediation of Property Insurance Claims
Segment 33 – Litigation Issues
Appendix I – Other Selected Statutes, Rules, etc.
Appendix II – Selected Florida and Federal Cases
Appendix III – Resources
€ Legal landmines every successful entrepreneur must avoid
€ Business practices that can be
protected-but are often overlooked
€ Protecting your intellectual property on the Internet
€ What are your ideas and the rights to them really worth?
€ Why trade secrets are a powerful and under-utilized protection
€ Lessons learned from Amazon.com, Microsoft, and other elite entrepreneurs
€ How even smart, savvy AOL lost exclusive trademarks, including "YOU'VE GOT MAIL!"
The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets and Licensing is the definitive guide for the entrepreneur and innovator who is ready to protect what he or she has created-a
Mapping Contracts is keyed to the Farnsworth Contracts casebook and "maps" the cases in that book by following its organization.
Mapping provides a unique study and learning aid:
Case summaries provide the relevant facts, holding, and reasoning for every case in the casebook.The learning process is made visible by showing how the rules from cases are synthesized to build a conceptual framework for each legal principle.The “Framework for Analysis” sections provide a blueprint for students to follow in preparing course outlines.
Learn more about this series at ShortandHappyGuides.com.
Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
• Applicability of standards and regulations to contractors and contracts
• Explanation of procedures involved in preparing cost impact proposals and making contract price adjustments
• Comprehensive analysis and commentary on each standard along with dozens of detailed examples
• Discussion of the Federal Acquisition Regulation and significant regulatory issues that affect Cost Accounting Standards
The information provided in this book will give the reader the ammunition with which to confront the insurer, corporate entity or wrong doer on a more level playing field.
Unlike most other books on this subject, this work includes loss procedures under property insurance policies such as homeowners and commercial contracts.
The other drivers insurance company has agreed to pay the cost to repair the collision damage to you new car, but is that all there is. No, you could be entitled to more. The section dealing with automobile property damage will disclose some cash you may have overlooked.
You or a resident relative hits an errant shot on the golf course and instead of its intended destination, the ball smashes the windshield of another members car on the parking lot. You are probably not legally liable for the damage, but you can be a good guy and pay the cost to repair under a special coverage in your homeowners policy. Look at all the possibilities in Infrequently Reported Homeowners Claims.
As a member of a same sex marriage in a state where such unions are recognized, what are your rights with respect to the injuries or wrongful death of a spouse? See chapter (Damages) for a discussion of this question.
The drunk driver who caused your injuries may not be your only source of restitution. Take a look at Liquor Liability.
A kitchen appliance you have not altered in any way causes a fire that seriously damages your home and injures you or members of your family. What are your rights with respect to claims against the manufacturer or vendor of the product?
If you, a friend or relative has been involved in an accident that might have been the fault of another or suffered an insured property loss, this book has the potential to save hundreds, if not thousands, of dollars, resulting from underpaid claims or needless expense.