Terms of Insurance Contracts (3 Jun 2014)
Terms of Insurance Contracts
Professor Robert Merkin
Lloyd’s Professor of Commercial Law, University of Exeter
Academic Advisory Board Member, Asian Institute of International Financial Law
Tuesday, 3 June 2014
6:30 – 7:30 pm
Academic Conference Room, 11/F Cheng Yu Tung Tower
The University of Hong Kong
The common law principles governing the terms of insurance contracts are of some antiquity and based upon form rather than substance. Conditions precedent and warranties have regularly been condemned by academics and practitioners alike as draconian in their effect. Hong Kong adheres to those principles. They have been abandoned in New Zelaand (1977) and Australia (1984), and in March 2014 the English and Scottish Law Commissions produced proposals to modify the law in those jurisdictions. How effective will those proposals be, and should Hong Kong follow suit?
Professor Robert Merkin is Lloyd’s Professor of Commercial Law, University of Exeter and Consultant to DLA Phillips Fox, New Zealand (a member of the DLA Piper Group). Rob’s academic interests are in all areas of insurance and reinsurance law, and arbitration law, and his works include Colinvaux and Merkin’s Insurance Contract Law, Reinsurance Law, Motor Insurance Law, Compendium of Insurance Law, Arnould’s Law of Marine Insurance, Law of Insurance in Hong Kong, Arbitration Law, Annotated Arbitration Act 1996, Marine Insurance Legislation and Singapore Arbitration Law. Rob is the Editor of the Journal of Business Law, the British Insurance Law Journal, the Lloyd’s Law Reports, Arbitration Law Monthly and Insurance Law Monthly. From 2005 to 2011 he served as co-editor of Legal Studies, the journal of the Society of Legal Scholars.
Rob is Honorary Professor of Law at the University of Auckland and visiting Professor at the Universities of Hong Kong and Queensland. He is past president of the British Insurance Law Association, vice-president of the International Association of Insurance Law (AIDA) and a consultant to the English and Scottish Law Commissions for their project on the reform of insurance law. In 2009 he was Distinguished Visitor for the Singapore Academy of Law, in 2010 he was awarded a prize by the Australian Insurance Law Association for his contribution to insurance law and in 2012 he was appointed to the Hotung Fellowship by the University of Canterbury, Christchurch, to deliver a series of lectures on earthquake insurance. He gives regular seminars for insurance companies, brokers, insurance regulators and law firms in the UK and internationally.