LEGAL457-19T (HAM)

Insurance Law

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
Faculty of Law Dean's Office

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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Paper Description

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This paper will provide an introduction to the principles which underpin indemnity insurance, with particular reference to the those principles which set insurance contracts aside from other contracts. The origins and purpose of the insured's duty to disclose material facts will be considered in light of recent reforms enacted in England and Wales. The scope of the insured's post contractual obligations are examined in relation to fraudulent claims. The scope of the insurers post contractual obligations are examined in the context of the damages available to insureds in circumstances where the insurer has failed to pay a valid claim. The key provisions of the Insurance Law Reform Act 1977 will be analysed. The paper will refer to civil justice innovations arising from the Canterbury earthquakes.
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Paper Structure

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The teaching component comprises four hours a week during Semester T.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • demonstrate an understanding of the nature and scope of the insured’s pre and post contractual duty of disclosure including reform initiatives in New Zealand and overseas
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  • demonstrate an understanding of the nature and scope of the insured's post contractual duty of good faith
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  • demonstrate an understanding of the scope of the insurers post contactual duty of good faith with particular reference to delay in the settlement of claims arising from the Canterbury earthquakes
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  • demonstrate an understanding of the key sections of the of the Insurance Law Reform Act 1977
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  • demonstrate an understanding of the role of the Insurance and Financial Services Ombudsman in the resolution of insurance disputes
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  • demonstrate an understanding of how the civil justice system has responded to the challenge of adjudicating claims between insurers and insured's arising from the Canterbury earthquakes with particular reference to the Christchurch High Court
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  • demonstrate an understanding of the distinction between indemnity and replacement insurance
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  • demonstrate an understanding of the insured's right to assign a residential insurance claim
    Linked to the following assessments:
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Assessment

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1.  Research Essay
2 Dec 2019
10:00 AM
50
  • Online: Submit through Moodle
2.  Take Home Test
17 Dec 2019
2:00 PM
50
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of Coppard, McLay, Murray & Orpin-Dowell, New Zealand Law Style Guide, 3rd edition, Thomson Reuters (2018). This is available from Bennetts, at an approximate price of $37 incl GST.

In addition to the texts identified below, the Faculty of Law requires that students purchase the course materials book(s) for this paper. These are available from Waikato Print.

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz (http://elearn.waikato.ac.nz)), the University of Waikato’s online learning system. Any such material is provided on the following terms: University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa - Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-­disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa - Faculty of Law.

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Recommended Readings

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Michalik and Boys, Insurance Claims in New Zealand, LexisNexis, 2015

Merkin and Nicoll, Colinvaux's Law of Insurance in New Zealand,2nd edition, Thomson Reuters, 2017

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Online Support

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Online support is available via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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The workload for this paper is 150 hours. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more ­focused research time in the preparation of assignments.
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Linkages to Other Papers

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Prerequisite(s)

Prerequisite papers: LEGAL103 and LEGAL104 or LAWS103; and LEGAL106 or LAWS106 or LAWS102; and LEGAL204 or LAWS204.

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS457

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