76022 Insurance Law Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject. Subject handbook information prior to 2018 is available in the Archives. UTS: Law Credit points: 6 cp Result type: Grade and marks Requisite(s): 70211 Contracts AND 70311 Torts These requisites may not apply to students in certain courses. There are course requisites for this subject. See access conditions. Anti-requisite(s): 77930 Insurance Law AND 78196 Insurance Law
Description Insurance is a vital part of a well-functioning economy, enabling businesses and individuals to have protection against a range of risks. Insurance is a significant practice area for many law firms, and the insurance industry offers many interesting career paths for law graduates including underwriting, claims management, and insurance broking. In this subject, students examine the law and regulation of all facets of insurance in Australia – including property, liability, marine, motor vehicle, superannuation, life and income protection, workers compensation and reinsurance. Classes are interactive and include guest presentations by legal and insurance industry practitioners. Through in-class activities, case analysis notes and legal advices, students develop practical skills in researching and applying the relevant rules of insurance law to advise hypothetical clients of their rights and options. Students also evaluate the effectiveness of Australia’s current insurance laws and the scope for law and policy.
Subject learning objectives (SLOs) Upon successful completion of this subject students should be able to: 1. Explain and critically analyse the development of the key legislation and general law principles governing various types of insurance contracts within Australia 2. Apply relevant legislative rules and general law principles to solve legal problems involving the rights and liabilities of parties to insurance contracts, and provide written advices to hypothetical clients 3. Critically evaluate the adequacy of Australias current framework of insurance law, and where relevant the scope for the reform 4. Identify and evaluate appropriate electronic and paper-based information resources to assist in resolving practical legal problems involving insurance contracts
Course intended learning outcomes (CILOs) This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes: Legal Knowledge An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) Ethics and Professional Responsibility An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) Critical Analysis and Evaluation A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) Research Skills Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
Teaching and learning strategies Strategy 1 - Independent learning: Student learning outside the classroom is a key learning strategy in this subject. Students will do a large part of the learning in this subject by completing all of the pre-class activities including watching relevant audio-visual materials posted on UTSOnline, reading, analysing and reflecting upon the assigned readings (as set out in the program below) and undertaking online quizzes. Strategy 2 - Interactive seminars: The seminars in this subject involve interactive class discussion between students and their peers and teachers about pre-assigned problems, exercises, audio-visual material and readings. Students will learn through practice-based exercises in seminars that will involve a range of common tasks that insurance lawyers are typically involved in, including client advice simulations, drafting exercises and class discussions. Several seminars will incorporate guest lectures from legal and insurance industry practitioners. During the seminars students will undertake a variety of practical exercises including class discussions of short problem scenarios, and activities in small groups involving the review of insurance policy wordings that are used in practice. Strategy 3 Feedback: Students will be provided with on-going feedback on their understanding of the weekly topics through in-class discussions of solutions to short problem questions towards the end of each class..Before the semester Census date, a “Test your knowledge” multiple choice quiz will be available for student completion on UTSOnline to provide students with formative feedback on their understanding of the rules of Australian insurance law. Students will receive individualised feedback from the marker on their submissions for Assessment Tasks 1 and 2
Assessment Assessment task 1: Case analysis note Intent:
The ability to analyse a legal case to distill the relevant facts and legal principles, and to clearly communicate these principles to clients, is a fundamental skill for lawyers. Students will also contribute their observations of the key principles of their assigned case during in-class discussions.
Objective(s): This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 4.0 Weight:
Accurate articulation of the relevant legal issues, ratio and significance of the case Explanation of the significance of the case for insurance law in Australia Clear written expression and correct legal citation in accordance with the Australian Guide to Legal Citation. Accuracy and quality of legal research
Assessment task 2: Legal advice assignment Intent:
Insurance claims frequently give rise to disputes between insurers and insured clients, which require the specialized knowledge and skills of lawyers. The ability to identify and apply the relevant laws to advise clients about their legal rights and options is an important aspect of legal practice.
Objective(s): This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 4.0 Weight:
Accurate articulation of relevant legal issues Application of relevant legal rules to problem scenario Analysis of opposing arguments Clearly and correctly written advice to clients
Assessment task 3: Option of either: (1) Formulating and writing a research essay on a topical issue pertaining to Australian insurance law; OR (2) Undertaking a take home exam Intent:
Take-home exam option: Lawyers are frequently called upon to provide written legal advice to clients within strict timeconstraints. This assessment task will build upon the knowledge and skills that students develop through assessment task 2, through requiring students to research and apply the relevant rules of insurance law to advise hypothetical clients about their rights in a specified problem scenario. Research essay option: Insurance Law is continuously developing, with new technologies, legislative and regulatory developments and new cases impacting upon the field. Lawyers are frequently called upon to research the impact of such developments, and to critique the effectiveness of insurance law and policy. This assessment task provides students with the opportunity to demonstrate their skills in researching an insurance law issue of their interest, to be approved by the subject coordinator.
Objective(s): This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0, 3.0 and 4.0 Weight:
Criteria (Take-home exam option): Identification of relevant legal principles Selection, analysis and evaluation of relevant legal information sources Critical analysis and evaluation of existing laws Clearly expressed and balanced arguments supported by the research evidence Legal citation in accordance with the Australian Guide to Legal Citation Criteria (Research essay option): Clear formulation of a research question Depth of analysis of a range of relevant legal information sources Critical analysis of the effectiveness of existing law and policy Clearly expressed and balanced arguments Legal citation in accordance with the Australian Guide to Legal Citation
Required texts G. Pynt Australian Insurance Law: A First Reference (LexisNexis Butterworths 4th ed 2018) (PYNT)
Recommended texts A. Tarr, J. Tarr and M. Clarke Insurance: The Laws of Australia (Lawbook Co, 2010) (Also available on-line) P. Mann, Mann's Annotated Insurance Contracts Act (Law Book Co, 7th ed, 2016)
References Australia ALRC, Report No 16: Insurance Agents and Brokers, AGPS, 1980 ALRC, Report No 20: Insurance Contracts, AGPS, 1982 ALRC, Report No 91: Review of the Marine Insurance Act 1909, AGPS, 2001 CCH, Australian and New Zealand Insurance Reporter (looseleaf), and CCH, Australian and New Zealand Life Insurance Reporter (looseleaf): both available electronically via the UTS Library Catalogue D. St. L. Kelly and M. Ball, Principles of Insurance Law, available electronically on LexisNexis via the UTS Library Catalogue D.K. Derrington and R.S. Ashton The Law of Liability Insurance (Butterworths, 3rd ed, 2013) N. Foster Workplace Health and Safety Law in Australia (LexisNexis Butterworths, 2nd ed 2016) J. Mo International Commercial Law (LexisNexis Butterworths, 5th ed, 2013) P. Sutherland and J. Ballard Annotated Safety, Rehabilitation and Compensation Act 1998 (Cth) (Federation Press, 10th ed, 2014) P. Sutherland and R. Creyke Veterans Entitlements and Military Compensation Law (Federation Press, 3rd ed, 2016) K. Sutton, Insurance Law in Australia (Law Book Co, 4th ed., 2015) J. Teale Insurance and Risk Management (CCH Australia, 2013) Insurance Law Journal - Available electronically on LexisNexis via the UTS Library Catalogue Australian Insurance Law Bulletin - Available electronically on LexisNexis via the UTS Library Catalogue England J. Birds Modern Insurance Law (Sweet & Maxwell, 9th ed, 2013) M.A. Clarke The Law of Insurance Contracts (LLP, 6th ed, 2009) P.M. Eggers et al Good Faith and Insurance Contracts (LLP, 3rd ed, 2010) J. Lowry, P. Rawlings and R. Merkin Insurance Law: Doctrines and Principles (Hart Publishing, 3rd ed, 2011) R. Merkin (ed) Colinvaux’s Law of Insurance (Sweet & Maxwell, 10th ed, 2014) STATUTES Marine Insurance Act 1909 (Cth) Insurance Act 1973 (Cth) Insurance Contracts Act 1984 Cth) Corporations Act 2001 (Cth) Life Insurance Act 1995 (Cth) Insurance Act 1902 (NSW) Civil Liabilty (Third Party Claims Against Insurers) Act 2017 (NSW)
Other resources UTS Law Guide to Written Communication. UTS Coursework Assessment Policy and Procedure Manual: (http://www.gsu.uts.edu.au/policies/coursewkassess.html)
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