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The book examines how the absence of insurance in the past led to some special maritime liability law principles such as 'general average' (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners' liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
Pocket Principles for the Insurance Business provides daily motivation for those in the insurance industry who wish to embrace adversity in order to reach success. As a seasoned life insurance salesman who has qualified for the million dollar roundtable every year he's been in the business, B.A. Newman truly understands the ups and downs of a business that has a retention rate of just 12 percent, and he provides the tools necessary to face rejection and rely on it as a positive influence when success seems unattainable. His inspirational snippets include relational and easily applied advice such as: work for the best companies, listen to your clients, love what you do, and don't sacrifice your reputation to make a sale. In a profession that can sometimes seem more like a roller coaster ride than smooth sailing, these motivational quotes will help inspire anyone to do great things ... every day. "Ben's Principles help our producers keep striving for goal achievement even on their toughest days." -Michael T. Fleming, CLU, ChFC General Manager & Financial Advisor, Mass Financial Group, Inc. "Pockets principles will have an impact on my first Million Dollar Roundtable qualification ..." Mark E. Kull, Financial Representative Northwestern Mutual Financial Network, Louisville, Kentucky AUTHOR BIO Benjamin Newman is a life insurance salesman who is a several-time qualifier for the million dollar roundtable. He is Founder of Continued Fight, LLC, a company that helps organizations overcome challenges and seek positive outcomes. Benjamin and his wife Ami live in St. Louis, Missouri, with their son J. Isaac.
This book provides an authoritative and comprehensive review of all aspects of the law that relate to liability insurance contracts.
Taking an international comparative perspective, The Law of Liability Insurance covers all the major types of liability insurance, not just professional indemnity insurance, presenting the issues according to the general principles of contract law. The book begins by concentrating on the fundamentals of the liability insurance contract before moving on to cover conditions, defence, exclusions, and finally claims against and non-payment by the insurer.
This book will be an invaluable reference tool for practitioners and professionals working in the commercial liability insurance industry, including those who operate globally, as well as being a source for academics and post-graduate students.
It's the poet's voice - inquisitive, edgy at times, tender - that gathers these poems together; a voice both innocent and lacerating. - Clare Rossini
We seem to be living at a time when insurance is strained to the breaking point. From hurricanes and earthquakes to terrorist attacks and threats of nuclear devastation, enormous risks to life and property; and accompanying liabilities; proliferate on an unprecedented scale. Insurer insolvency is not yet common, but it is not unusual either. And at the root of such failures often lies the compound failure of uncollectable reinsurance. This important book proposes that a significant part of the emerging insurance crisis results from inadequate regulation of reinsurance.
In a detailed and cogent analysis of what an effective regulatory regime for reinsurance must entail, the author examines such factors as the following:
The author's concluding chapter presents an essential legal infrastructure that allows for efficiency, security, and individual market characteristics. Professor Wang then applies this framework to the Taiwanese insurance market, demonstrating convincingly how his proposed regime can solve specific problems while respecting Taiwan's distinct market environment. As a meticulously considered appraisal of, and solution to, a world problem that is growing quickly and uncontrollably, Reinsurance Regulation will be of immense value to lawyers, professors, academics, and officials who deal with any facet of economic law.