LAWHONS 734A/B : Issues in Insurance Law

Law

2024 Semester One (1243) / Semester Two (1245) (20 POINTS)

Course Prescription

A consideration of the law governing insurance contracts, including the duty of utmost good faith; the interpretation of the policy; the scope of cover; warranties and conditions; the claims process and fraudulent claims; and quantification of the insurer’s obligations; subrogation and recoupment; and third party rights.

Course Overview

In broad terms, insurance law consists of the law governing insurance contracts, the law governing and regulating insurance intermediaries (brokers), and the law regulating insurers. This course focuses on the law governing the insurance contract itself.  This comprises a mix of contract law and special insurance legislation / common law rules.  Subject to time, we will examine the main topics arising in insurance legal practice including the formation of the insurance contract; utmost good faith; interpretation; cover; exclusions; claims; and subrogation of insurers to the rights of the insured.

Why learn Insurance Law?
  1. It will reinforce many of the legal skills learnt in foundational subjects, particularly contract law.
  2. Insurance is a pervasive risk-management device in both commercial and consumer contexts, and most legal practitioners will encounter insurance law problems in the course of their practice.
  3. This is particularly so for students who intend to practise civil litigation, since an insurer may be found behind one or more parties to many civil disputes.

Course Requirements

Restriction: LAWCOMM 424, 453 To complete this course students must enrol in LAWHONS 734 A and B

Capabilities Developed in this Course

Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically examine the core concepts, rules, and principles of New Zealand insurance law. (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 5.2 and 8.2)
  2. Identify and explain a selected insurance law topic in-depth, in order to prepare and present a clear and effective seminar presentation, and to respond to questions on this from the class. (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 5.2, 6.1, 6.2 and 8.2)
  3. Research and present a paper which expands on the seminar presentation in a detailed and coherent discussion and analysis of the topic. (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 5.2, 6.1, 6.2 and 8.2)

Assessments

Assessment Type Percentage Classification
Presentation 30% Individual Coursework
Paper 70% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3
Presentation
Paper

Workload Expectations

This is a standard 20-point course. There will be around 24 hours of lectures in this course (Semester 1), and 24 hours of student presentations  (Semester 2).   As a general guide, the total workload for this course is 200 hours.

Delivery Mode

Campus Experience

Attendance is expected at all classes to complete components of the course.

Lectures will be available as recordings. Other learning activities will not be available as recordings.

The course will not include live online events.

The activities for the course are scheduled as a standard weekly timetable.

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.

Talis Reading List (on Canvas) - case law

Recommended texts / resources:

Rob Thoyts, Insurance Theory and Practice (2010)    KN290 THOY

John Teale, Insurance and Risk Management (2013) KN290 K3 TEA

Merkin and Nicoll (eds) Colinvaux’s Law of Insurance in New Zealand KN290 L1 COL 2017

Michalik and Boys, Insurance Claims in New Zealand KN 290 L1 MIC 2023

Kelly & Ball, Principles of Insurance Law in Australia and New Zealand    KN290 K3 KEL






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.

Consideration will be given to possible changes to lecture content, assessment methods, and general manner of delivery.

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 for potential plagiarism or other forms of academic misconduct, 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.

Published on 03/11/2023 03:46 p.m.