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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - ESSENTIAL BUSINESS LAW -“INSURANCE”

By John Birds.
Published by Sweet & Maxwell Ltd., London.
(85 pp.) Limp £1.25.
The “Insurance” title of the Essential Business Law series contains a “potted” version of the law in much the same order and manner as will be found in greater detail in several established works. Brevity and conciseness are the two outstanding features of this work which describe the legal principles clearly and accurately. It is surprising, in a book intended for businessmen, to find very little reference to insurance practice; the author confines himself, in the main, to the law.
The list of contents follows the same pattern of those in larger works, and bears a striking resemblance to the syllabi of certain university courses. After a brief, but useful introduction, in which the author seeks to define insurance in legal terms, and to explain how insurance companies are controlled by the Department of Trade, he proceeds to examine the formalities of the formation of an insurance contract. Space here is usefully devoted to cover notes, the practice at Lloyd’s and premiums, as well as the basic matters of offer and acceptance and the duration of policies. Insurable interest is then explained very clearly and the author avoids the trap of citing too many examples which tends to lead to confusion rather than clarity. The separate treatment given to life assurance is also useful. The chapter on non-disclosure and misrepresentation is well illustrated and most of the well-known cases appear in it and in the text of the remaining chapters, which cover conditions and warranties, insurance intermediaries, construction of policies, proximate cause and the various problems relating to losses. There is also a chapter dealing with the requirements of the Road Traffic Act in relation to motor insurance and the Employers’ Liability (Compulsory Insurance) Act. The briefest of indices brings the book to a close.
Although this work cannot be recommended as the sort of practical guide to insurance which many businessmen may need, it is, despite one or two questionable statements in the text, a useful and discerning introduction to a very complex legal topic. As such, the hour or two which it takes to read would doubtless be regarded as time well spent by student and businessman alike.

D. G. Powles

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