Paul Reed KC

ISBN13: 9780414123151
Previous Edition ISBN: 9780414074965
Published: March 2025
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback

Construction All Risks Insurance is essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, Construction All Risks is the go-to guide looking for answers in construction insurance.

Covers the fundamentals of Construction All Risk Insurance from its origins in the Marine Insurance Act of 1906 to current day practice, going through the processes and pitfalls involved in CAR claims
Contains comprehensive practical advice for those dealing with CAR insurance claims, with coverage of disputes and the application of insurance law to commercial insurances
Explains the need for insurance and highlights particular areas for concern such as Institute Cargo Clauses and Aviation
Examines the structure of CAR policies, giving practical advice on the drafting of various clauses, including rectification, fortuity, loss and damage clauses and warranties
Discusses the wide range of exclusions that can apply to CAR policies and their significance, including defect and standard exclusions
Takes into account the difficult areas of causation and co-insurance
Includes example policy clauses and precedent materials
Includes guidance on the claims procedure as well as marine, aviation and property risks
The fourth edition has been revised and updated, including:

substantial revision of The Marine and Aviation chapters
new commentary on coinsurance dealing with recent cases including the Supreme Court's decision in MT Polar and the Court of Appeal's decision in RFU v Conway
reviews of US cases including South Capitol Bridgebuilders v Lexington Insurance Company and SCB v Lexington regarding the meaning and application of the LEG 3 standard defects exclusion;
and revised commentary on the meaning of damage following the Commercial Court's decision in Sky and Mace v Riverstone.

Contents:
1. Introduction
2. The allocation of risk in construction contracts
3. Common features of contractor’s all risk policies
4. The placing and formation of the contract
5. Misrepresentation, fraud and the duty of utmost good faith
6. Interim insurance
7. The insured
8. Insured property
9. Fortuity
10. The indemnity
11. Warranties and other types of insurance terms
12. Principles of construction and rectification
13. Loss and damage
14. Exclusions
15. Defects and defect exclusions
16. Extensions to cover
17. Public liability
18. Causation
19. Co-insurance
20. Claims procedure
21. Proof
22. Payment
23. Marine all risks
24. Aviation all risks
25. Property all risks
26. Precedents