Insurance Law

Subject LAWS70363 (2011)

Note: This is an archived Handbook entry from 2011.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2011:

August, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

This subject focuses on the rights and liabilities of parties to an insurance contract as governed by the common law and statute, with particular reference to the Insurance Contracts Act 1984 (Cth).

Principal topics will include:

  • Risk, insurable interests
  • Formation of insurance contracts
  • The duty of utmost good faith
  • Non-disclosure and misrepresentation
  • Remedies for breach
  • The role of agents and brokers
  • Construction of policies
  • Claims management
  • Property and liability covers
  • The indemnity principle and measure of loss
  • Dispute resolution
  • Subrogation
  • Double insurance and contribution
  • Cancellation of cover.
Objectives:

A student who has successfully completed this subject should understand:

  • The formation of insurance contract and the role played by the Insurance Contracts Act 1984 (Cth)
  • The concept and role of an insurable interest
  • The indemnity concept including misrepresentation and breach of duty
  • The roles played by insurance brokers
  • Subrogation concepts
  • Resolution of disputes and the formation of insurance contracts
  • Common terms of insurance policies
  • Duties of upmost good faith
  • Duty of disclosure and misrepresentation
  • Remedies for non-disclosure and misrepresentation, contribution, subrogation and reinsurance
  • Claims management dispute resolution and remedies for breach
  • Role of intermediaries and distribution
  • Rights of third parties
  • Liability insurance
  • Property insurance
  • The role of insurance in managing the risks of business activity
  • The legal rights and liabilities of the parties to a contract of insurance and issues such as whether a policy covers the event which has occurred and whether the insurer has grounds for refusing the claim in whole or in part
  • The need for further reform of the legal rules governing insurance contracts.
Assessment: Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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