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 2024 is available in the Archives.
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 |
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| 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 Australia’s 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
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
a. An understanding of approaches to ethical decision making and professional responsibility;
b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
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 Canvas, 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 session Census date, a “Test your knowledge” multiple choice quiz will be available for student completion on Canvas 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. |
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| 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: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 20% |
| Length: | 1000 words |
| Criteria: |
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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. |
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| 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: LAW.1.1, LAW.3.1 and LAW.4.1 |
| Weight: | 30% |
| Length: | 1500 words |
| Criteria: |
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Assessment task 3: Research Essay
| Intent: | Research essay: 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. |
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| 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: LAW.1.1, LAW.2.1, LAW.3.1 and LAW.4.1 |
| Weight: | 40% |
| Length: | 2500 words |
| Criteria: |
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Assessment task 4: Class Participation
| Intent: | Active participation in the face-to-face classes provides students with the opportunity to discuss, resolve and reflect upon authentic problems and issues in the contemporary practice of insurance law.
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| 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: LAW.1.1, LAW.2.1 and LAW.4.1 |
| Weight: | 10% |
| Length: | 500 words (equivalent) |
| Criteria: |
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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, 8th ed, 2022)
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)