Insurance Reinsurance & Regulation - Jurisdictional Comparisons

CONTENTS

1 What are the sources of insurance and reinsurance law?

2 How and by whom is insurance/reinsurance regulated?

3 Formation of a contract of insurance/reinsurance:
• What is the duty of utmost good faith?
• What are the requirements on a purchaser of insurance or reinsurance to disclose information about the risk to the insurer and to present the risk “fairly”?
• What are the remedies for breach.

4 What is the role and function of Intermediaries?
• For whom do they act?

5 What are the requirements and distinguishing features of insurance contracts and reinsurance contracts?
• Requirement for insurable interest
• Transfer of risk
• Prohibition against gambling
• Form

6 Where are the contract terms to be found?
• Slip
• Wording
• Implied terms, incorporated terms

7 Classification of terms: Warranties, Condition Precedents: Suspensive conditions or simple conditions.

8 Loss:
• Triggers of loss
• Proximate cause
• Burden of proof

9 Claim process
• Notification
• Claims Co-Operation;
• Proof of loss
• Fraud
• Subrogation
• Double insurance

10 Reinsurance claims issues
• Follow settlements
• Claims Control
• Aggregation
• Law and jurisdiction

1 What are the sources of insurance and reinsurance law?

2 How and by whom is insurance/reinsurance regulated?

3 Formation of a contract of insurance/reinsurance:
• What is the duty of utmost good faith?
• What are the requirements on a purchaser of insurance or reinsurance to disclose information about the risk to the insurer and to present the risk “fairly”?
• What are the remedies for breach.

4 What is the role and function of Intermediaries?
• For whom do they act?

5 What are the requirements and distinguishing features of insurance contracts and reinsurance contracts?
• Requirement for insurable interest
• Transfer of risk
• Prohibition against gambling
• Form

6 Where are the contract terms to be found?
• Slip
• Wording
• Implied terms, incorporated terms

7 Classification of terms: Warranties, Condition Precedents: Suspensive conditions or simple conditions.

8 Loss:
• Triggers of loss
• Proximate cause
• Burden of proof

9 Claim process
• Notification
• Claims Co-Operation;
• Proof of loss
• Fraud
• Subrogation
• Double insurance

10 Reinsurance claims issues
• Follow settlements
• Claims Control
• Aggregation
• Law and jurisdiction