Commercial Insurance Law by Soyer, Barış;

Short description:

This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes. 

Long description:

For commercial organisations, certainty and stability are essential. Yet unexpected events—and shifting economic or geopolitical conditions—frequently pose serious risks. One of the most effective tools for mitigating such risks is insurance. This edited volume explores key developments in commercial insurance law, examining both doctrinal issues and their relationship with real-world market practice. It also addresses emerging trends, offering a contemporary perspective on how insurance law is evolving in response to legal, technological, and global changes. The discussion ranges across national and international contexts.

The book is divided into four parts. The first parts analyse recent statutory and judicial developments in English law, assessing their impact on market practice. The authors also explore niche insurance sectors and comparative law perspectives. The third part focuses on technology-driven developments and the legal questions they raise. The final part addresses post-settlement issues, such as subrogation and the rights of assignees. In this area, longstanding principles have recently been tested in courts, yielding some unexpected—and practically significant—outcomes.

Commercial Insurance Law is for lawyers and administrators not only in England and Wales but worldwide, including international commercial centres such as Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore and India. It will also be of interest to specialist law libraries in Europe and the USA, specialist maritime law firms in the USA, and university libraries where maritime and shipping law are taught as specialist subjects.

Table of Contents:

PART 1 MARINE INSURANCE—EMERGING AND PRACTICAL ISSUES  1  Direct Claims against Marine Insurers  2  From Salvage to Wreck Removal -- The Uncertain Transition from H & M to P & I  3  The 2023/24 Red Sea Attacks- Highlighting the Blurred Lines of War (Risks)  4  Great Lakes Insurance SE v Raiders Retreat Realty Co.: The United States Supreme Court Addresses Marine Insurance for the First Time in Almost Seven Decades  5  Interpreting Excluded Perils in Marine Insurance: Insights from the China Maritime Court  Part 2  SPECIALIST COVER AND OTHER DOCTRINAL ISSUES  6  UK Directors and Officers Liability Insurance Policies — Observations on 21^st Century Developments  7  SME Insurance – A Different Beast in Need of Different Treatment?  8  Duty of Fair Presentation under the Insurance Act 2015 — The Development of Law  9  Fraud in Commercial Insurance: The Legal Response  Part 3 - TECH AND INSURANCE  10  Navigating the Edge of Regulation: How Decentralised Insurance Uses DAOs, Fiduciary Duties and Discretionary Mutual to Manage Risks  11  Insurance Brokers and AI  Part 4 - THE AFTERMATH—LEGAL ISSUES EMERGING FOLLOWING A LOSS 12  Subrogation and Assignment: Why the Distinction Matters in Insurance 13  The Co-Insured’s Subrogation Immunity- How to Express It and Now to Draft the Underlying Contract to Make Sure It Arises  14  Anti-assignment Clauses and Insurance