GENERAL INSURANCE LAW & PRACTICE

LAW3GIL

Not currently offered

Credit points: 15

Subject outline

This subject is designed to cover principles of General Insurance Law through an examination of the general principles relating to the construction and interpretation of various classes of insurance cover in relation to land based risks. Some of the common classes of cover which will be dealt with are Fire and Public Liability Risks, Motor Insurance cover, Home Owners and Home Contents policies. The syllabus will deal with regulatory aspects of insurance as covered by key legislation, common law principles which regulate the relationship between the insurer and the insured such as the duty of good faith, non-disclosure and misrepresentation and fraud in insurance contracts. The legislative frame work will also be taken into account. Of relevance here will be coverage of the principles of subrogation, election, waiver and estoppel. From the practical perspective, duties owed by a lawyer when retained by an insurer, as well as a lawyer's professional responsibilities will be considered

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorBalu Rao

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and (LAW2CTA or LAW2CNT)

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Readings

Resource TypeTitleResource RequirementAuthor and YearPublisher
ReadingsAustralian Insurance Law : A First ReferencePrescribedGreg PyntLEXIS NEXIS BUTTERWORTHS 2008
ReadingsPrincilples of Insurance LawRecommendedKelly 7 BallLEXIS NEXIS LOOSELEAF VERSION
ReadingsPrinciples of Liability InsuranceRecommendedDerrington&AshtonLEXIS NEXIS BUTTERWORTHS 2005

Graduate capabilities & intended learning outcomes

01. By the end of the semester, students will be able to critically analyse the known and discoverable facts and the prevailing law, to develop a practical litigation strategy to resolve the client's problem.

Activities:
Students will undertake these activities in tutorials, essay writing, assessed oral arguments and in the final examination.
Related graduate capabilities and elements:
Writing
Teamwork
Speaking
Creative Problem-solving
Inquiry/ Research
Critical Thinking

02. By the end of the semester, students will be able to demonstrate an ability to make effective oral presentations on a factual scenario arguing for the claimant or defending insurer.

Activities:
Students are guided through the structure of preparing and presenting arguments on behalf of their respective parties taking into account the structure of such a presentation in terms of introductory remarks, the substantive content thereof in arguing the merits of the case and concluding remarks in relation to the remedies sought. This will be a tutorial based activity.
Related graduate capabilities and elements:
Inquiry/ Research
Speaking
Critical Thinking

03. By the end of the semester, students will be able to demonstrate an ability to write an opinion based on the facts and law as to the merits of making a claim as a plaintiff or resisting such clam on behalf of the defendant.

Activities:
Students are provided with actual case law scenarios with which to construct their opinions on the prospects of making or resisting claims.This will be a tutorial based activity.
Related graduate capabilities and elements:
Writing
Critical Thinking
Inquiry/ Research

04. By the end of the semester, students will be able to work in a team environment in an organised manner over sustained periods of time in order to produce favourable litigation outcomes for clients.

Activities:
Students will undertake these activities in tutorials, essay writing, assessed oral arguments and in the final examination.
Related graduate capabilities and elements:
Speaking
Inquiry/ Research
Creative Problem-solving
Writing
Critical Thinking
Teamwork

05. By the end of the semester, students will have the skills of inquiry bases in legal research to be able to prepare reasoned written arguments by indentifying relevant factual issues and applying the relevant principles in Insurance Law, with the view of advising respective parties to a suit on their prospects of success or otherwise.

Activities:
Students will be expected to address issues arising in insurance related litigation based on case law scenarios or alternatively research into law reform in specific areas of insurance law. This will be an assessed essay based activity.
Related graduate capabilities and elements:
Inquiry/ Research
Critical Thinking
Creative Problem-solving

Subject options

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