M05 Insurance Law: Key Cases and Legislation

A collection of vocabulary flashcards mapping key legal cases and legislation to their relevant principles and focus areas in insurance law.

Donoghue v. Stevenson (1932)

Established the principles of duty of care and reasonable foreseeability in negligence.

Hedley Byrne v. Heller and Partners (1963)

Establishes liability for negligent misstatement.

Rylands v. Fletcher (1868)

Established the principle of strict liability.

Central London Property Trust v. High Trees House (1947)

Commonly known as the "High Trees case," it established the principle of promissory estoppel.

Beresford v. Royal Insurance Co. Ltd (1938)

Relates to life insurance and the requirement of insurable interest.

Watteau v. Fenwick (1893)

Relates to the apparent authority of an agent.

Macaura v. Northern Assurance Co. Ltd

A key case regarding the requirement of insurable interest.

Pan Atlantic Insurance Co. v. Pine Top Insurance Co. (1994)

Established the actual inducement test.

Young v. Sun Alliance & London Insurance (1977)

Relates to the legal construction principle of noscitur a sociis.

Leyland Shipping v. Norwich Union Fire Society Ltd (1918)

A leading case on the concept of proximate cause.

J.J. Lloyd (Instruments) Ltd v. Northern Star Insurance Co. Ltd (1987)

Relates to concurrent proximate causes.

Versloot Dredging BV v. HDI Gerling (2016)

Pertains to the use of fraudulent devices in insurance claims.

Reynolds and Anderson v. Phoenix Assurance Co. Ltd (1978)

Relates to indemnity for property insurance.

Castallain v. Preston (1883)

Established principles regarding subrogation.

Lister v. Romford Ice and Cold Storage Ltd (1957)

Relates to the market agreement not to subrogate from negligent employees.

North British and Mercantile Insurance Ci. V. London, Liverpool and Globe Insurance Co. (1877)

Commonly known as the "King & Queen Granaries case," it relates to common insurable interest for contribution.

Consumer Insurance (Disclosure & Representations) Act 2012

Focuses on the consumer duty of disclosure.

Consumer Rights Act 2015

Focuses on fair terms in consumer contracts.

Contracts (Rights of Third Parties) Act 1999

Provides flexibility to the doctrine of privity of contract.

Criminal Justice & Courts Act 2015

Focuses on fraud and fundamental dishonesty.

Data Protection Act 2018 & General Data Protection Regulation

Govern data protection requirements.

Enterprise Act 2016

Focuses on the handling of late claims.

Financial Services Act 2012

Focuses on financial services regulation.

Fires Prevention (Metropolis) Act 1774

Relates to fire claims.

Fraud Act 2006

Focuses on claims fraud.

Health & Safety at Work etc. Act 1974

Focuses on employers liability.

Insurance Act 2015

Addresses commercial duty of disclosure, the impact of warranties, and fraud.

Life Assurance Act 1774

Governs areas related to life insurance.

Limitation Act 1980

Sets the timings for bringing a legal case to court.

Marine Insurance Act 1906

A foundational act covering all areas of insurance.

Married Woman's Property Act 1882

Relates to life insurance and insurable interest.

Occupiers Liability Act 1957 & 1984

Governs aspects of negligence relating to property occupiers.

Riot Compensation Act 2016

Defines and focuses on riot as a peril.

Road Traffic Act 1988

Sets out motor insurance requirements.

Sale of Goods Act 1979

Focuses on contractual requirements for goods.

Third Parties (Rights Against Insurers) Act 2010

Governs third party rights in the event of policyholder insolvency.

Unfair Contract Terms Act 1977

Legislation from which insurance is exempt.