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ISBN: 9781552213889

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Insurance Law, 2/e

Insurance is everywhere in Canadian society: health, employment, transportation, commerce, industry, and communications are all sectors of activity affected by insurance. Whether public or private, compulsory or voluntary, insurance touches everyone on a daily basis. Where there are risks, there is a need for insurance — and one cannot live in the twenty-first century without encountering risk day in and day out.

The ubiquity of insurance comes at a cost. This price is paid by all Canadians and not only by those who hold insurance policies. Every year, Canadian policyholders pay billions of dollars in premiums to private insurance companies. Regulation is another consequence of the prevalence of insurance.

Canadian insurance law is a complex mixture of federal and provincial legislation, common law, and custom. This book offers a detailed survey of this regulatory patchwork, divided into three parts. Part 1 provides an introduction to the creation and enforcement of insurance contracts. The subject of Part 2 is the creation of an enforceable insurance contract. Part 3 examines the principles applicable to the enforcement of insurance contracts.

Denis Boivin

Denis Boivin is a full professor at the University of Ottawa, Faculty of Law. He teaches Insurance Law, Remedies, and Torts, and he has written four books and several articles on these subjects, in French and English. Professor Boivin is a graduate of the University of Ottawa (BSocSc, LLB) and of Yale University (LLM), a Fulbright Scholar, and the recipient of many awards for teaching and scholarship, including the Canadian Association of Law Teachers Award for Scholarly Writing and the University of Ottawa Prize for Excellence in Education. He acts as counsel for CazaSaikaley LLP, a local bilingual litigation boutique that offers services in civil, commercial, employment, and public law litigation. Professor Boivin is also a member of the Financial Services Tribunal of Ontario, and in this capacity, he has chaired many disciplinary hearings involving insurance agents and mortgage intermediaries.

Chapter Title Abstract Contributors Pages Year Price

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Overview of insurance generally and of the contents of the book. 3 $0.30

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Discussion of the key players in the insurance industry: providers, consumers, and intermediaries such as agents, brokers, adjusters and underwriters. 22 $2.20

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Description of the fundamental characteristics of an insurance contract and how such contracts can be classified from a regulatory point of view. 30 $3.00

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Discussion of the statutory, regulatory, common law, and customary framework of the insurance industry. 30 $3.00

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Definition and policy considerations underlying the concept of insurable interest, including a discussion of insuring beyond one’s interest. 42 $4.20

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Discussion of the insured’s good faith duty to disclose to the insurer all material risks that the insured intends to transfer to the insurer. 67 $6.70

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Examination of the role played by agents and brokers in the formation of insurance contracts. 45 $4.50

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Discussion of the procedural matters concerning the creation, renewal, and termination of a binding insurance agreement. 38 $3.80

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Examination of the insuring agreement and its exclusions, plus how public policy and causation play a role in whether a particular risk is covered by the agreement. 68 $6.80

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Outline of the settlement phase of making a claim under the contract, including the contractual obligations of the insured and the insurer, and waiver and estoppel. 88 $8.80

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Discussion of the process of calculating a dollar value of a loss covered by an indemnity contract, including concepts of valued policies, replacement cost, actual cash value, and salvage. 49 $4.90

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Discussion of the doctrine of subrogation, allowing the insurer to share its legal burden with other debtors while preserving the indemnity principle. 57 $5.70

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Discussion of the consequences of two or more insurance policies covering the same insurable interest in the same object against the same peril. 35 $3.50

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Discussion of parties other than the insurer or the insured who may be able to benefit from the contract: assignees, mortgagees, personal representatives and legatees, bankruptcy trustees, … 16 $1.60