Construction All Risks Insurance 4th ed

Construction All Risks Insurance is essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, Construction All Risks is the go-to guide looking for answers in construction insurance.

• Covers the fundamentals of Construction All Risk Insurance from its origins in the Marine Insurance Act of 1906 to current day practice, going through the processes and pitfalls involved in CAR claims
• Contains comprehensive practical advice for those dealing with CAR insurance claims, with coverage of disputes and the application of insurance law to commercial insurances
• Explains the need for insurance and highlights particular areas for concern such as Institute Cargo Clauses and Aviation
• Examines the structure of CAR policies, giving practical advice on the drafting of various clauses, including rectification, fortuity, loss and damage clauses and warranties
• Discusses the wide range of exclusions that can apply to CAR policies and their significance, including defect and standard exclusions
• Takes into account the difficult areas of causation and co-insurance
• Includes example policy clauses and precedent materials
• Includes guidance on the claims procedure as well as marine, aviation and property risks

The fourth edition has been revised and updated, including:

• substantial revision of The Marine and Aviation chapters
• new commentary on coinsurance dealing with recent cases including the Supreme Court's decision in MT Polar and the Court of Appeal's decision in RFU v Conway
• reviews of US cases including South Capitol Bridgebuilders v Lexington Insurance Company and SCB v Lexington regarding the meaning and application of the LEG 3 standard defects exclusion;
• and revised commentary on the meaning of damage following the Commercial Court's decision in Sky and Mace v Riverstone.

table of content

1. Introduction

 

2. The allocation of risk in construction contracts

 

3. Common features of contractor’s all risk policies

 

4. The placing and formation of the contract

 

5. Misrepresentation, fraud and the duty of utmost good faith

 

6. Interim insurance

 

7. The insured

 

8. Insured property

 

9. Fortuity

 

10. The indemnity

 

11. Warranties and other types of insurance terms

 

12. Principles of construction and rectification

 

13. Loss and damage

 

14. Exclusions

 

15. Defects and defect exclusions

 

16. Extensions to cover

 

17. Public liability

 

18. Causation

 

19. Co-insurance

 

20. Claims procedure

 

21. Proof

 

22. Payment

 

23. Marine all risks

 

24. Aviation all risks

 

25. Property all risks

 

26. Precedents