Delivery of Content:

The book is structured into two main parts: Part A (Chapters A1�A6) and Part B (Chapters B1�B6). Part A is available in print, whereas the complete publication, comprising both Part A and Part B, can be accessed via ProView e-book.

Navigating Malaysia's Motor Insurance Law: Comprehensive, Current, Clear

"� this book [is] an excellent treatise on motor insurance law, as it offers a detailed legal analysis of both current procedural and substantive issues regarding motor insurance law in Malaysia."
� From the Foreword by Justice Nallini Pathmanathan, Judge of the Federal Court

Product Information:

This second edition of The Law of Motor Insurance offers a timely and authoritative guide to the current legal frameworks governing motor insurance in Malaysia. It highlights judicial trends, identifies regulatory gaps, and provides recommendations for policy reforms aimed at enhancing protection for insurers, insured parties, and passengers.

Rich with case law analysis, policy critique and reform-oriented insights, this book is indispensable for legal practitioners, insurance professionals, academics, and policymakers seeking to navigate the nuances of motor insurance law in Malaysia.

From the cross-border implications raised in Nippon Fire v Sim Jin Hwee to the definition and scope of "road" under the Road Transport Act 1987, this book tackles crucial legal uncertainties affecting motorists, insurers and third-party claimants alike. It delves into unresolved issues such as liability on private and gated roads, carpooling and gaps in e-hailing coverage, along with compulsory passenger liability. Of key significance are the judicial pronouncements reshaping the legal landscape, including the Federal Court's decisions in Malaysian Motor Insurance Pool v Tirumeniyar and Chen Boon Kwee v Berjaya Sompo Insurance Bhd.

This publication is authored by a practitioner who is no stranger to motor insurance matters, having had more than four decades of experience as a practitioner. His knowledge, experience, and insights shine through in this comprehensive and authoritative reference.

Key Developments Covered in This Edition:

• Practical burdens imposed by section 96(3) of the Road Transport Act in today's digital insurance setting.
• The treatment of lorry attendants and bus conductors post-Saw Poh Wah.
• The challenges of online renewals, backdated cover notes, intervener proceedings and transfer of insurance interest.
• Interplay between policy terms, exclusion clauses and statutory duty in consideration of recent Malaysian and Indian case law.
• Definition and scope of "road" under the Road Transport Act, with implications for claims involving private or gated community roads.
• Issues in modern transport modes such as carpooling and e-hailing, and their insurance coverage shortfalls.
• Impact of recent amendments like the Limitation (Amendment) Act 2018 and obligations under the Financial Services Act 2013 concerning disclosure duties and consumer protections in online insurance marketing.
• Clarification on complex policy interpretations and court rulings including local and foreign case authorities.

Construction All Risks Insurance is essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, Construction All Risks is the go-to guide looking for answers in construction insurance. Covers the fundamentals of Construction All Risk Insurance from its origins in the Marine Insurance Act of 1906 to current day practice, going through the processes and pitfalls involved in CAR claims Contains comprehensive practical advice for those dealing with CAR insurance claims, with coverage of disputes and the application of insurance law to commercial insurances Explains the need for insurance and highlights particular areas for concern such as Institute Cargo Clauses and Aviation Examines the structure of CAR policies, giving practical advice on the drafting of various clauses, including rectification, fortuity, loss and damage clauses and warranties Discusses the wide range of exclusions that can apply to CAR policies and their significance, including defect and standard exclusions Takes into account the difficult areas of causation and co-insurance Includes example policy clauses and precedent materials Includes guidance on the claims procedure as well as marine, aviation and property risks

Navigate the complexities of reinsurance law in England and Bermuda with The Law of Reinsurance. This title covers the fundamental principles of reinsurance contract formation and regulation to equip you with the guidance you need to identify and resolve any challenges. Beyond the contract, this work also explores relevant areas of agency law to provide a clear understanding of the roles and responsibilities that agents hold in the reinsurance market. It offers detailed insights into intermediaries and their duties to help you advise with confidence. And when disputes do arise, it provides comprehensive guidance on the correct process and procedure for litigation and arbitration. In a notoriously complex field, this title serves as a crucial resource for trans-Atlantic reinsurance law and practice. Order your copy now in print, eBook or online to ensure that you benefit from the very latest updates. Covers the distinct areas of reinsurance contracts, disputes and regulation. Looks at the legal definition of reinsurance and outlines basic concepts and terminology. Examines the principles of reinsurance contract law and the nature and purpose of reinsurance transactions. Explains the formation of reinsurance contracts and principles such as offer and acceptance, consideration, variation and termination. Addresses the interpretation of reinsurance contracts and their relationship with original insurance contracts. Discusses market practice in Bermuda and The Bermuda Form. Detailed coverage of the reinsurer’s obligation to pay claims looking at liability, coverage, reinsurer’s rights and “follow the settlements” clauses. Outlines defences to deny liability such as non-disclosure, misrepresentation and warranties. Covers financial reinsurance and alternative risk transfer, with additional sections on mortality and longevity risks and insurance-linked securities. Goes through the principles of the law of agency and the legal duty of intermediaries, including the law on attribution of knowledge. Explains reinsurance disputes and conflict of laws. Includes litigation and arbitration procedural issues, comparing Bermuda arbitration law and the UNCITRAL Model Law. Analyses insolvency provisions for reinsurance companies. This edition features new commentary on: Post-Brexit regulatory reforms, choice of law regime and jurisdiction regimes The UK Arbitration Bill and its impact on reinsurance disputes Covid-related and geopolitical conflict-related (re)insurance case law, including cases on causation, aggregation, the meaning of ‘catastrophe’, and jurisdiction Digitalisation in the London market Changes to existing UK insurers insolvency arrangements and the proposals for the UK Insurer Resolution Regime Comparative analysis in relation to the Principles of Reinsurance Contract Law (PRICL) Legal updates from the Bermuda market

For comprehensive and clear guidance on insurance contract law you need Colinvaux’s Law of Insurance. Divided into three parts, the first section covers the key principles of insurance contracts including terms and conditions, loss and the limits on recovery, causation, subrogation and the notification of claims. Additional sections focus on the different parties involved and the unique features of special types of insurance contract in the UK, such as liability policies. The commentary expertly examines rights and issues and is supported with analysis of the most recent and significant case law. The second of the annual supplements updates your thirteenth edition with the very latest decisions and legislative developments. A detailed examination of the key principles, rights and issues of insurance contract law in the United Kingdom. Extensive commentary on the construction of insurance policies explaining issues such as risk, utmost good faith, insurable interest, the premium, claims and loss. Addresses the roles of the different parties involved, including intermediaries and the regulation of insurers. Looks at nine special types of insurance contract: reinsurance, life and accident, property, liability, third party, motor vehicle, financial, marine and war risks. Sets out the rules governing insurance contract wording and phrasing. Includes a dedicated chapter on the rights of insurers. Discusses the insolvency of insurance companies and relevant proceedings, as well as the protection of policyholders. Analyses the most important cases, legislation and regulation. Provides an international dimension with analysis of significant Commonwealth decisions that are affecting the English courts. Some of the cases featured in this update include: Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 Axis Specialty Europe SE v Discovery Land Company LLC [2024] EWCA Civ 7 Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 Delos Shipholding SA v Allianz Global Corporate and Specialty SE [2024] EWHC 719 (Comm) Gatwick Investment Ltd v Liberty Mutual Insurance Europe SE [2024] EWHC 124 (Comm) Herculito Maritime Ltd v Gunvor International BV [2024] UKSC 2 Onyeari v Churchil Ltd [2024] EWHC 531 (KB) Royal & Sun Alliance Insurance PLC v Textainer Group Holdings Ltd [2024] EWCA Civ 547 Scotbeef Ltd v D&S Storage Ltd [2024] EWHC 341 (TCC)

Arnould Law of Marine Insurance and Average explains the form, contents and construction of marine insurance policies, and the procedures and evidence required in bringing a case. Provides a in-depth commentary and analysis of the principles, law and practice of marine insurance Offers a first port of call for guidance and insight on the principles of marine insurance and their application in cases Discusses legislation and market clauses Provides a detailed examination of the matters which affect validity of cover Analyses the coverage of marine policies, the measure of indemnity and the rights and duties of the partie

Rely on over one hundred years of legal authority with MacGillivray on Insurance Law. This title is the market-leading resource on non-maritime commercial insurance and risk, providing you with comprehensive and clear guidance through its examination of the most recent cases and legislative developments. It covers general principles of UK insurance law such as misrepresentation and good faith and gives a detailed examination of loss, explaining key themes like causation and the necessity for notice. It also looks at particular classes of business with chapters on third party risks and liability policies, the rights of third parties against the insurer, the rights of two or more insurers and the law governing double insurance. This second cumulative supplement ensures that you are current with the very latest insurance law developments over the past year and is available in print, online and as an eBook. Comprehensive guidance on non-maritime commercial insurance and risk through the analysis of cases and legislation. Detailed explanations of the general principles and rules of commercial insurance, risk and loss. Covers good faith and the duty of disclosure, warranties, the premium, misrepresentation, subrogation and more. Examines the rules on the formation, drafting and termination of insurance contracts. Advises on different classes of business including life insurance, personal accident policies, property, motor vehicle and aviation. Looks at the different parties involved with dedicated chapters on insurance companies, Lloyd’s policies and the role of agents. Defines insurance and insurable interest. Highlights issues of fraud and non-disclosure by third parties Full analysis of the Insurance Act 2015, its changes to the law and the consequences for disputes. Outlines how insurance policies are constructed while explaining the meaning of words and addressing inconsistencies in phrasing. Commentary on the rights of two or more insurers and third party rights.

Professional Indemnity Insurance Law explains the extent to which professionals are covered for different liabilities. This new edition has been significantly updated and maintains its analytical and solutions-based approach to make it a valuable resource for insurers and the assured. Part One looks at the law affecting professional indemnity insurance – both pre-contract and contract. It examines the relationship among professions and breaks down key contractual principles and terms including utmost good faith, risk, representations, premiums and the period. Part Two moves on to the triggers and coverage elements necessary to establish a claim and contains chapters on third party loss, cause of action, remedies and ascertainment of the assured’s loss. Part Three concludes with consideration of claims, illegality and misconduct, as well as addressing other benefits an insurer provides to an assured in relation to a claim. Explains the law governing professional indemnity insurance, providing clear guidance on the extent to which professionals are covered for different liabilities. Takes a detailed look at pre-contract matters and addresses the key principles of utmost good faith, fair presentation of the risk and representation. Looks at elements of the contract such as insurable interest, formation and policy terms and also outlines the current position on exclusions and exemptions. Covers the main terms and clauses of a professional indemnity insurance contract. Considers third-party loss: economic, personal injury and property damage. Examines different causes of action against the assured and their application to specific professions. Outlines the different remedies available including damages, consequential loss, interest, recission, injunction, specific performance, restitution and unjust enrichment. Explains the procedure behind the claims process, its time limits and ancillary issues like subrogation. Detailed coverage of illegality and misconduct and the evolving law surrounding fraudulent claims. Addresses the assured’s loss and the three financial components: third-party costs and expenses, the amount paid and defence costs. The third edition has been significantly updated and restructured throughout with new features including: Chapter 2 considers key cases affecting pre-contract matters including: WISE Underwriting Agency Ltd v Grupo Nacional Provincial; Berkshire Assets (West London) v AXA Insurance UK; and Niramax Group Ltd v Zurich Insurance. Chapter 7 looks at the recent case of ARC Capital Partners v Brit Syndicates on the meaning of a “claim” in the context of third-party claims against the assured. Commentary on the evolving law on fraudulent claims in light of the Supreme Court decision in Versloot Dredging. The ascertainment principle for legal liability cover is given extensive treatment in Chapter 10 with discussion of: Teal Assurance Company v WR Berkley Insurance; AstraZeneca Insurance Co v XL Insurance (Bermuda); Cultural Foundation v Beazley Furlonge; and more. The rights of a third-party to claim directly against the insurer are looked at in Chapter 11 with commentary on Rashid v Direct Savings. Recent COVID-19 cases, including Financial Conduct Authority v Arch Insurance, are also considered. Chapter 12 has been comprehensively updated in light of the Supreme Court decision in Patel v Mirza to reflect the principle of considering illegality flexibly.

• Critical and meticulous analysis of pivotal recent court precedents, while the most up-to-date revisions in case law pertinent to the subject matter are incorporated
• Particular emphasis on jurisprudential shifts pertaining to the principles of insurable interest and utmost good faith within the realm of insurance law
• Expansion of content with two additional chapters explaining the topics of intermediaries (agents and brokers) and regulation of insurance entities
• Renowned academic contributions by two esteemed legal scholars and researchers who joined the authoring team, enriching the content with their expertise  

Winner of the 2019 British Insurance Law Association (BILA) annual book prize Construction Professional Indemnity Insurance, second edition, is the definitive practitioner reference for all those involved in construction projects, from contractors to employers, architects to insurance brokers. Complementing Construction All Risks Insurance, these are the two titles all construction and insurance professionals need. The second edition covers updates including: The Fire Safety Act 2021 and the Building Safety Act 2022, which were introduced following Grenfell, and Payment of damages for late payment of insurance claims and the case of Quadra Commodities. Construction Professional Indemnity Insurance also provides in depth analysis of insurance and construction law, including the recent decisions of: The Court of Appeal in Euro Pools v RSA, which clarified the law relating to notification of claims, The Supreme Court in FCA v Arch, and The TCC in The Rugby Football Union v Clark Smith Partnership Limited and FM Conway Limited as to who is insured.

Winner of the 2023 British Insurance Law Association (BILA) Book Prize This is your definitive guide on the evolving law and practice of cyber insurance. Written in an accessible and practical style designed to help you find answers quickly, it adopts a UK perspective with additional comparative analysis of the most significant cases in the USA. Complete with sample clauses from leading industry organisations including the Lloyd’s Market Association and International Underwriting Association, this text that clarifies and explains the law of cyber risks insurance. This second edition includes: New cyber exclusion clauses Commentary on the Supreme Court decisions in Lloyd v Google LLC and WM Morrison Supermarkets Plc v Various Claimants An overview of post-Brexit GDPR and the latest ICO guidance relating to regulatory action Discussion on the implications to business interruption coverage under stand-alone cyber insurance policies in the aftermath of The Financial Conduct Authority v Arch Insurance (UK) Ltd Coverage of other decisions including Quadra Commodities S.A. v XL Insurance Company SE; Berkshire Assets (West London) Ltd v AXA Insurance; and Burnett or Grant v International Insurance Company of Hanover Ltd Recent US Appellate Court decisions concerning third-party liability and cyber crime coverage Other features include: Provides comprehensive guidance on the law of cyber risks insurance and its practical application. Explains cyber risks exposures, cyber security assessment, and the insurance coverage necessary to protect you. Sample exclusion clauses issued by the Lloyd’s Market Association, International Underwriting Association and other industry organisations. Includes a selection of practical clauses on issues such as cyber non-aggregation, information technology hazards, terrorism, ransom, and cyber-attacks. Takes a detailed look at cyber risks modelling, reinsurance and the underwriting of cyber risks. Addresses first party coverage issues including those relevant to network security breaches. Commentary on third party liability coverage including privacy and media liability issues. Looks at silent cyber exposure, coverage and exclusions (e.g. CL380 and NMA2914/5) including property, construction, marine, and liability lines of insurance. Covers cyber incidents, claims issues and the emergence of court disputes in this area – with comparative analysis of US cases. Discusses the extent of cyber crime coverage including the crimes of extortion and fraudulent transfer of funds. Examines the GDPR regime and new procedural requirements for compliance as well as the criteria for data breach notification and for the insurability of fines. Explains business interruption coverage and key issues such as gross profit and revenue, period of coverage, trends clauses, and extended reputation coverage. Outlines the state of the standalone cyber insurance market, growing risks and future developments.