Double Insurance and Contribution

Double insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area.

The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance.

Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on:

• the relevant clauses (rateable proportion, excess, escape and other insurance)
• the difficulty of the courts in providing clear principles in cases of double insurance
• attempts to limit or exclude liability by the insurer
• how the clauses work in practice
• court decisions in various jurisdictions
• the Australian position under section 45 of the Insurance Contracts Act 1984
• whether the Australian position can be adopted in the United Kingdom

This text combines practical experience with academic rigour and will be of significant interest to lawyers, academics and insurance industry professionals alike.

Acknowledgements

Foreword

Preface

Table of Cases

Table of Legislation

Part A

Chapter 1. An Overview: Double Insurance

Chapter 2. General Principles

Chapter 3. Effect of Double Insurance on Claims

Chapter 4. Legislative Reform of Double Insurance

Part B

Chapter 5. The Meaning of Contribution

Chapter 6. When the Right of Contribution Arises

Chapter 7. The Rights Of An Insurer To Seek Contribution And Enforcement

Chapter 8. Asbestos Litigation from an Insurance Perspective

Chapter 9. Contribution under Common Law and Its Equitable Position

Chapter 10. Conclusion

Index

Dr Nisha Mohamed’s practice includes a wide variety of civil and commercial matters, including insurance, trusts, probate and tax. Dr Mohamed has a particular interest and focus on insurance-related matters. She frequently advises policyholders and insurers. Other matters she advises on include:

• disputes between insurers and policyholders regarding policy wordings;
• matters relating to D&O liability insurance; and
• double insurance.

Dr Mohamed has handled numerous first instance and appellate level cases, including High Court trials and appeals in the Court of Appeal and Court of Final Appeal. Dr Mohamed completed six months' pupillage in a specialist construction and arbitration chambers in London. She is called to the Bar of England and Wales.