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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 in Litigation

Insurance in Litigation

(p.383) 13 Insurance in Litigation
Insurance and the Law of Obligations

Rob Merkin

Jenny Steele

Oxford University Press

Illustrates the pervasive influence of insurance in the conduct of civil litigation and the enforcement of rights, affecting which claims are brought; how they are framed; and how they are defended. Draws on legal provisions and reforms to explain how deep and wide the influence of insurance is in shaping the process of claiming. Analyses the role of insurance in assisting the claimant in financing a claim; sets out the impact of the defendant’s liability insurance upon the manner in which the claim is made and its defence; and reviews the operation of the third party legislation, which converts liability insurance into a mechanism for the enforcement of judgments. Shows how insurance affects the way in which liability is established and, ultimately, satisfied

Keywords:   Civil Litigation Funding, Compensation Culture, Jackson Review, BTE insurance, ATE insurance, Liability Insurance, Direct claims by third parties

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