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Insurance and the Law of Obligations$
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Rob Merkin and Jenny Steele

Print publication date: 2013

Print ISBN-13: 9780199645749

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199645749.001.0001

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Insurance and Illegal Conduct

Insurance and Illegal Conduct

(p.329) 11 Insurance and Illegal Conduct
Insurance and the Law of Obligations

Rob Merkin

Jenny Steele

Oxford University Press

Explores the operation of principles of personal responsibility and fault in relation to insurance, through the law’s response to illegal or immoral conduct captured in the expression ‘ex turpi causa’. Explains that illegality, and intention, are contested notions. Explores the operation of ‘ex turpi causa’ in tort and contract and compares applicable principles of insurance law. Examines the impact of illegality in claims against policyholders; and in claims against insurers, comparing road traffic claims with other categories of case. Explains that reparative and compensatory goals cannot be neatly separated, and that responsibility judgments which affect the insurance position may in turn deeply affect the reparative potential of private law.

Keywords:   Illegality, ex turpi causa, Accident, Responsibility, Public Policy, Wide Rule, Narrow Rule, Consistency

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