Description
The third edition of will be 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
New to edition:
- Includes a new chapter on Delay in Start-Up insurance and the effect of the Financial Conduct Authority v Arch Insurance (UK) Ltd decision
- Covers coinsurance and the Gard Marine and Energy Ltd v China National Chartering Co Ltd and Haberdashers’ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd cases
- Discusses in more detail issues relating to fortuity and inherent vice
- Comments more substantially upon Defects Exclusions
- Includes updates regarding the position in Singapore, Malaysia and Australia
- Contents:
- 1. Introduction
- 2. The allocation of risk in construction contracts
- 3. Common features of contractor’s all risk policies
- 4. The placing and formation of the contract
- 5. Misrepresentation, fraud and the duty of utmost good faith
- 6. Interim insurance
- 7. The insured
- 8. Insured property
- 9. Fortuity
- 10. The indemnity
- 11. Warranties and other types of insurance terms
- 12. Principles of construction and rectification
- 13. Loss and damage
- 14. Exclusions
- 15. Defects and defect exclusions
- 16. Extensions to cover
- 17. Public liability
- 18. Causation
- 19. Co-insurance
- 20. Claims procedure
- 21. Proof
- 22. Payment
- 23. Marine all risks
- 24. Aviation all risks
- 25. Property all risks
- 26. Precedents
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