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Insurance Law and the Financial Ombudsman Service
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Insurance Law and the Financial Ombudsman Service

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Overview
Published Sept 2010 (Informa Publishing)
ISBN: 9781843119029.

Insurance Law and the Financial Ombudsman Service the highly-respected reference source written by Dr Judith P. Summer and published by Informa Law has won the British Insurance Law Association (BILA) book prize for 2011.

The prize is awarded annually to the author of a published work constituting, in the opinion of the Trustees of the BILA Charitable Trust, "the most notable contribution to literature in the field of law as it affects insurance".
Description

Dr Judith Summer 

Insurance Law and the Financial Ombudsman Service is an in-depth look at the workings and insurance decisions of the Financial Ombudsman Service, which does not have to apply the law. The book analyses how the Ombudsman Service decides insurance cases and compares its approach to that of a court.

Insurance Law and the Financial Ombudsman Service sets out the rules, procedure and approach of the Ombudsman Service, succinctly summarises the relevant insurance law and compares and analyses it against a comprehensive review of material about insurance complaints gathered since the formation of the Ombudsman Service in 2000. The Ombudsman Service has jurisdiction over complaints from consumers and small businesses, and can make enforceable awards up to £100,000 against insurers and insurance intermediaries. Most areas of insurance law are explored.

Why should you buy Insurance Law and the Financial Ombudsman Service?

  • Ombudsmen do not have to follow the law. This is the only book available which analyses how they apply their discretion in insurance cases
  • It also provides a summary of and comparison to the relevant insurance law
  • The information has been accumulated and categorised by an insurance lawyer specifically for lawyers and claims handlers handling insurance disputes

Winner of the 2011 BILA Book Prize

Alison Green, Chairman of the Trustees of the British Insurance Law Charitable Trust, said that "Insurance Law and the Financial Ombudsman Service was a worthy winner of the BILA book prize. Until now there had not been a textbook devoted to this expanding arena for resolving insurance disputes. The book will be useful for insurers, insureds, brokers and those advising them on cases reaching the Financial Ombudsman Service. The appendices contain helpful references to relevant extracts of Acts and regulations and, in addition, provide FOS case studies which are not easily accessible to those outside FOS".

 "I consider this book to be an excellent tool in advising insurance clients on FOS complaints, especially when a judicial review (in most cases, of course, a difficult exercise) is being contemplated." - Review by Jonathan Goodliffe, Solicitor and Editor of Journal of the British Insurance Lawyers Association.

 

CONTENTS

Chapter 1:    BACKGROUND
Chapter 2:    THE WORKINGS OF THE FOS
Chapter 3:    AWARDS AND INTEREST
Chapter 4:    THE FOS APPROACH TO EVIDENCE
Chapter 5:    POLICY CONSTRUCTION:  LAW VERSUS FOS
Chapter 6:    TRAVEL INSURANCE
Chapter 7:    LIFE AND PERSONAL ACCIDENT 
Chapter 8:    HOUSEHOLD INSURANCE  
Chapter 9:    EXCLUSION FOR KEYS LEFT IN VEHICLE/ UNATTENDED    VEHICLE 
Chapter 10:  MEASUREMENT OF LOSS, ABANDONMENT AND SALVAGE
Chapter 11:  PREMIUMS
Chapter 12:  FRAUD/ PROOF OF LOSS 
Chapter 13:  NON-DISCLOSURE AND MISREPRESENTATION
Chapter 14:  BREACH OF WARRANTY AND OTHER CONDITIONS
Chapter 15:  LEGAL EXPENSES INSURANCE

APPENDICES 
A. Ombudsman News: insurance case studies 
B. FOS statistics and complaint trends 2005-2010
C. ICOBS (relevant extracts)
D. DISP as updated (relevant extracts)
E. Financial Services and Markets Act 2000 (relevant extracts)
F. Unfair Terms in Consumer Contracts Regulations 1999
G. Marine Insurance Act 1906 (relevant extracts)
H. Law Commissions' draft Consumer Insurance (Disclosure and Representation) Bill 15/12/09


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