LAWCOMM 720 : Law of Insurance Contracts
Law
2022 Semester Two (1225) (30 POINTS)
Course Prescription
Course Overview
This course will review the operation of insurance law in New Zealand. The existing position is derived from common law principles that remain operative in other common law jurisdictions, notably England and Australia, but modified by different forms of legislative intervention in all three jurisdictions. The course will consider whether the position reached in New Zealand, in particular following reform in 1977, remains appropriate in the light of market, judicial and legislative developments. The course will also devote a good deal of attention to the impact of the Canterbury earthquakes on the law, demonstrating how New Zealand has found itself in the unaccustomed position of laying down legal principles on previously unresolved topics, thereby influencing and clarifying the law in other common law jurisdictions.
Syllabus
The insurance market; regulation of insurers; formation of insurance contracts; insurable interest; utmost good faith; conditions and warranties; measure of indemnity; claims; subrogation and contribution; intermediaries; property insurance; liability insurance; life insurance; motor insurance; reinsurance.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
Learning Outcomes
- identify and analyse the key issues that arise in insurance disputes (Capability 1.1, 1.2, 2.1, 2.2, 3.1, 3.2, 3.3, 4.1, 5.1 and 5.2)
- Be aware of of the defects in the insurance law of New Zealand. (Capability 1.1, 2.1, 2.2, 3.1, 3.2, 3.3 and 4.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Class participation | 10% | Individual Coursework |
| Outline for research essay | 10% | Individual Coursework |
| Research essay | 80% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | |||||||||
| Class participation | ||||||||||
| Outline for research essay | ||||||||||
| Research essay | ||||||||||
Class Participation
Each student is expected to make individual contributions to the seminar discussions throughout the course. Students will be individually assessed on the quality of their contributions as set out below.
Criteria and marking for class participation (10%)
♦ The extent of preparation for leading the discussions, in particular the analysis of the reading materials and guided questions
♦ The depth and thoroughness of understanding of the reading materials and guided questions
♦ The ability to draw worthwhile conclusions in the class discussion
♦ Thoughtfulness of contributions
♦ Generally, engagement in class and respect for fellow students
Research Outline
The research outline component comprises three elements.
Each student must submit a research outline to Canvas. The research outline should commence with an abstract that outlines the proposed research question and main thesis of the student’s research essay. The research outline then should provide an outline of the structure of the proposed research essay. This structure should follow Appendix 7 of the New Zealand Style Guide (3rd edition). That is, it should contain Major headings, Minor Headings, Sub-Headings and Paragraph Headings.
Essay
Each student is required to submit a research essay of no more than 6,500 words, including footnotes.
The essay is to be original work, relying on secondary and primary sources, on an evidence or criminal procedure topic of the student’s choosing. It MUST be the work of the enrolled student. Another person, other than the enrolled student, MUST NOT write the essay nor do the research on behalf of the enrolled student. Plagiarism is forbidden and, in that regard, each student should read the University’s plagiarism policy and adhere to it.
Students must also use proper legal citations. The essay should be comprised of properly crafted sentences as note form is unacceptable. The use of sub-headings and a table of contents is encouraged — and footnotes rather than in-text referencing should be used. All essays are to comply with the New Zealand Law Style Guide.
Descriptive essays are not encouraged. Instead students are expected to engage with relevant legal issues (of their own choosing) by: explaining and critiquing the law and its underlying policies; providing a conceptual analysis of the law; examining the operation of the law in practice; and developing proposals for reform. Essays must be submitted to the Faculty of Law via CANVAS
Workload Expectations
This is a standard 30-point course. There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.
Delivery Mode
Campus Experience or Online
This course is offered in two delivery modes:
Campus Experience
Attendance is expected at scheduled activities including the seminars to complete the course.
Lectures will be available as recordings. Other learning activities including discussions will not be available as recordings.
Online
Attendance is expected at scheduled activities including the seminars to complete the course.
Lectures will be available as recordings. Other learning activities including discussions will not be available as recordings.
Learning Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.