GENERAL INSURANCE LAW & PRACTICE

LAW3GIL

2021

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/Exchange StudentsYes

Subject year levelYear Level 3 - UG

Available as ElectiveNo

Learning ActivitiesStudents 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 subjectYes

Subject particulars

Subject rules

PrerequisitesLAW1LIM AND LAW2CTA

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Readings

Principles of Liability Insurance

Resource TypeRecommended

Resource RequirementN/A

AuthorDerrington & Ashton

Year2005

Edition/VolumeN/A

PublisherLEXIS NEXIS BUTTERWORTHS 2005

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Australian Insurance Law: A First Reference

Resource TypePrescribed

Resource RequirementN/A

AuthorGreg Pynt

Year2008

Edition/VolumeN/A

PublisherLEXIS NEXIS BUTTERWORTHS

ISBN9780409337532

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Principles of Insurance Law

Resource TypeRecommended

Resource RequirementN/A

AuthorKelly 7 Ball

YearN/A

Edition/VolumeN/A

PublisherLEXIS NEXIS LOOSELEAF VERSION

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

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.
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 options

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Start date between: and    Key dates

Melbourne (Bundoora), 2021, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorBalu Rao

Class requirements

SeminarWeek: 10 - 22
Twelve 2.00 h seminar per week on weekdays during the day from week 10 to week 22 and delivered via blended.

Assessments

Assessment elementCommentsCategoryContributionHurdle% ILO*

Oral arguments in tutorials with prepared skeletal arguments of not more than 400 words

N/AOtherIndividualNo20 SILO1, SILO2, SILO3, SILO4, SILO5

Open book examination

N/AOther written examIndividualNo50 SILO1, SILO3, SILO5

Written essay (1,500 to 1,800) words

N/AAssignmentIndividualNo30 SILO3, SILO5