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

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Balu Rao

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 3 - UG

Available as Elective: No

Learning 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, oral arguments and in the final examination.

Capstone subject: Yes

Subject particulars

Subject rules

Prerequisites: LAW2CTA AND LAW1LIM

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Learning resources

Australian Insurance Law: A First Reference

Resource Type: Book

Resource Requirement: Prescribed

Author: Greg Pynt

Year: 2008

Edition/Volume: N/A

Publisher: LEXIS NEXIS BUTTERWORTHS 2008

ISBN: 9780409337532

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Principles of Liability Insurance

Resource Type: Book

Resource Requirement: Recommended

Author: Derrington & Ashton

Year: 2005

Edition/Volume: N/A

Publisher: LEXIS NEXIS BUTTERWORTHS 2005

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Principles of Insurance Law

Resource Type: Book

Resource Requirement: Recommended

Author: Kelly 7 Ball

Year: N/A

Edition/Volume: N/A

Publisher: LEXIS NEXIS LOOSELEAF VERSION

ISBN: N/A

Chapter/article title: N/A

Chapter/issue: N/A

URL: N/A

Other description: N/A

Source location: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing
INQUIRY AND ANALYSIS - Creativity and Innovation
INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving
INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry
PERSONAL AND PROFESSIONAL - Leadership and Teamwork

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.
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.
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.
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.
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 identifying 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.
Subject not currently offered - Subject options not available.