TE PIRINGA FACULTY OF LAW
Insurance Law 2014 Outline
1.
Paper: LAWS 457-14B
This paper carries 10 points
2.
Staffing
Les Arthur
Phone: 6021
(Convenor)
Room: G29
email: larthur@waikato.ac.nz
availability: By appointment
3.
Description and Structure of Paper
(a) This paper will provide an introduction to the principles which underpin indemnity insurance,
with particular reference to the those principles which set insurance contracts aside from other
contracts
(b) Structure of the Paper
The teaching component comprises two hours a week during semester B. There are no tutorials
(c) Attendance
Attendance at lectures is strongly recommended.
4.
Learning outcomes
A student who has successfully completed this paper will be able to:
Understand basic rules relating to construction of insurance contracts
Understand and critique the nature and scope of the insured’s pre and post contractual duty of
Good Faith including reform initiatives in New Zealand and overseas
Understand the debate concerning the insurer’s liability to pay damages in respect of a claim
which has been incorrectly denied
Understand the basic features of professional indemnity and public liability policies
Understand and apply the key provisions of the Insurance Law Reform Act 1977 (New Zealand)
5.
Workload
Students should expect to spend 100 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.51 which is
available from http://www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism.
Also refer to paragraph 12 in this document.
An assignment template document including coversheet is available on the Law Student
Homepage http://www.waikato.ac.nz/law/student.
b)
Coursework: Final Examination Ratio: 100% internally assessed
c)
Assessment Components
Research Essay;40% .Analyse reform initiatives in New Zealand and England which seek to amend
the scope of the Insured’s pre-contractual duty to correctly disclose material facts
Word Limit: 2500 words including footnotes
Due Date; 4 pm Monday 15th of September
Your research paper should include the following;
Weakness of law relating to insured’s pre-contractual duty of disclosure and to accurately state
material facts
Themes in Law Reform; should there be a distinction between “Consumer” and “Business” Law.
Approaches in NZ and English and Scottish Law Reform Commissions;
Your recommendations for Law reform in New Zealand.
In Class Test;60%
The in class test will assess knowledge of the following:
Scope of insured’s pre-contractual duty of disclosure and duty not to misstate material facts
Scope of insured’s post contractual duty of good faith
Key features of the Insurance Law Reform Act 1977 including exclusion clauses and Insurance
Intermediaries
Basic features of Professional Indemnity and Public Liability Policies
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(http://www.waikato.ac.nz/law/student. See Te Piringa - Faculty of Law Undergraduate
Handbook, available at www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2014, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal test or exams.
v) If you wish to submit your Internal Assessment in Mãori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Mãori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
Understanding of contract law would be useful
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2014
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is to be advised, but if there is a problem,
please report the incident to the Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
See p.43 Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
Proposed Lecture Schedule B semester
Week Commencing
Programme of lecture topics
14 July (Semester B Starts)
Overview. Introduction to Pre contractual
disclosure and misstatement
21 July
Mitigating insured’ duty of disclosure;
knowledge , waiver and Inducement
28 July
Disclosure and Reform initiatives in New
Zealand and overseas
4 August
Fraud and post contractual good faith;
scope of obligation and remedial
consequences of breach
11 August
Damages for non-payment of claim ;
reform initiatives
18 August
Proving Fraud, onus of proof
25 August
Teaching Recess
1 September
Teaching Recess
8 September
Insurance law reform Act 1977
Misstatement
and Introduction to
exclusion clauses
15 September
Exclusion Clauses ;Reform of S11
22 September (Kingitanga Day TBC)
Insurance intermediaries
29 September
Professional indemnity and public liability
policies
6 October
Revision
13 October
2 hour open book test. More information
about structure and content of test will be
given in class
20 October
Study Week
27 October
Examinations 27 October Labour Day
3 November
Examinations