Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - “ELEMENTS OF INSURANCE”, (3RD EDN.)
By D. S. Hansell. Published by Macdonald and Evans Ltd. Paperback £2.25.
Hansell’s “Elements of Insurance” is now a well-established feature of the M. & E. Handbook range and is aimed at the student requiring an introduction to the general principles of insurance practice rather than a review of insurance law. Consequently the legal aspects of insurance are interwoven with its practical considerations and cases are used only illustratively and somewhat sparingly, greatly reducing the value of the book to the lawyer. It must be borne in mind, however, that the book is aimed principally at those preparing for the examinations set by the Chartered Insurance Institute.
The book starts by seeking to define insurance in social and economic rather than in legal terms, and proceeds to discuss the classification of insurance business according to the functions performed by each class, the classes of business found in practice and the classes recognised by the Insurance Companies Act 1974. There follows a more detailed survey of the major classes of insurance business. Each class is introduced historically, showing the problems which have arisen and the means adopted to solve them. The section ends with considerations of new types of business and possible new markets, thus emphasising the flexibility of the insurance market in a changing society. The next section reviews the insurance market, looking at the roles of brokers and underwriters and the functions of Lloyd’s and the insurance companies. The approach in these chapters is simplistic to say the least and is clearly aimed at the student who is totally lacking in any knowledge of insurance.
Legal aspects of insurance are confined mainly to the discussion of what are termed “basis principles”, which cover such matters as the insurance contract, insurable interest and uberrimae fides. The consideration of legal principles is extremely condensed and anyone seeking an authoritative statement would clearly be advised to consult other works. Those used to the standard works on insurance, such as those by Colinvaux and Ivamy, will find the order of discussion adopted by Hansell rather confused, with certain pre-contractual matters being considered after the discussion of the contract itself. The generality and brevity of the discussion inevitably leads to omissions and to statements which do not always withstand close analysis.
A considerable part of the text towards the end of the book is devoted to the consideration of “Insurance in Practice”. This deals in some detail with several practical considerations, most of which have important legal consequences and are dealt with in the major works. Thus, such matters as premiums, policies and claims are dealt with here with little regard for the considerable body of case law which affects them. Finally, State intervention is considered. This takes the form of a policy discussion with brief references to recent legislation. Unfortunately, little detail is given of the Insurance Companies Act of 1974, so that neither the Department of Trade’s newly sharpened teeth, nor any recent use by the Secretary of State of his powers, are on display.
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