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Insurance Law - LAWS3080
 Basser Steps

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
  

Description

This course provides an advanced analysis of law and policy covering general insurance. The insurance industry has undergone unprecedented levels of economic and legal reform, as well as rapid convergence with, and sometimes divergence from, other financial services. This course studies the mix of case law and statutory regulation (including codes) that makes up contemporary insurance law. Note that the course does not cover life insurance or health insurance.


LLM Specialisations

Corporate and Commercial Law; Corporate, Commercial and Taxation Law.

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course should be able to:
  • Understand the role of insurance
  • Under the regulation of general insurance and in particular the differing roles of APRA and ASIC
  • Understand the law as it relates to the formation and content of insurance contracts
  • Have a critical familiarity with the issues that arise in disputes under insurance contracts

Main Topics

  • Key insurance concepts
  • Risk management frameworks
  • Regulatory matrix
  • Regulation structure
  • Prudential regulation
  • Financial services licensing
  • Intermediaries
  • Insurance contract - formation
  • Insurance contract - contract terms
  • Insurance contract - claim and claims terms
  • Insurance complaints and litigation
  • Reinsurance
  • Market in crisis - insolvency case study

Assessment

Class participation Preparation and engagement in class 15%
Essay synopsis 1,000 words 15%
Research essay  5,000 words 70%
 

Course Texts

Prescribed
Lists of required reading for this course will be provided approximately one month prior to class commencing. Hard copy of at least some of them will be provided to each student.

Recommended
A list of recommended further reading for this course will be provided approximately one month prior to class commencing.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.