LAW 7098 - Insurance Law (PG)

North Terrace Campus - Semester 2 - 2014

This course will provide students with an introduction to Australian insurance law together with international insurance law perspectives. It will include an overview of the legislation that relates to insurance, particularly the Insurance Contracts Act 1984 (Cth), and the legislation that regulates the insurance industry, particularly Chapter 7 of the Corporations Act 2001 (Cth) and the Insurance Act 1973 (Cth), as well as an examination of the common law relating to insurance law. There will also be a consideration of the fundamental principles in insurance law such as the duty of utmost good faith, the duty of disclosure, double insurance, contribution, subrogation and reinsurance. This course is taught with an emphasis on the practical application of the principles of insurance law. Therefore, the fundamental principles will be considered in a highly practical context. In addition, there will be a consideration of various insurance policies, standard policy conditions and exclusions as well as indemnity issues. The course will also include an examination of insurance law in a dispute resolution framework in terms of the nature of insurance disputes, dispute resolution mechanisms and insurance litigation in Australia and internationally.

  • General Course Information
    Course Details
    Course Code LAW 7098
    Course Insurance Law (PG)
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact up to 3 hours for 8 weeks
    Course Description This course will provide students with an introduction to Australian insurance law together with international insurance law perspectives. It will include an overview of the legislation that relates to insurance, particularly the Insurance Contracts Act 1984 (Cth), and the legislation that regulates the insurance industry, particularly Chapter 7 of the Corporations Act 2001 (Cth) and the Insurance Act 1973 (Cth), as well as an examination of the common law relating to insurance law. There will also be a consideration of the fundamental principles in insurance law such as the duty of utmost good faith, the duty of disclosure, double insurance, contribution, subrogation and reinsurance.
    This course is taught with an emphasis on the practical application of the principles of insurance law. Therefore, the fundamental principles will be considered in a highly practical context. In addition, there will be a consideration of various insurance policies, standard policy conditions and exclusions as well as indemnity issues. The course will also include an examination of insurance law in a dispute resolution framework in terms of the nature of insurance disputes, dispute resolution mechanisms and insurance litigation in Australia and internationally.
    Course Staff

    Course Coordinator: Mr Nigel Wilson

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    Aims and objectives
    The aim of the course is to provide students with an introduction to the general principles of Australian insurance law together with international insurance law perspectives. It will include an overview of the legislation that relates to insurance, particularly the Insurance Contracts Act 1984 (Cth), and the legislation that regulates the insurance industry, particularly Chapter 7 of the Corporations Act 2001 (Cth) and the Insurance Act 1973 (Cth), as well as an examination of the common law relating to insurance law. There will also be a consideration of the fundamental principles in insurance law such as the duty of utmost good faith, the duty of disclosure, double insurance, contribution, subrogation and reinsurance.
    This course is taught with an emphasis on the practical application of the principles of insurance law. Therefore, the fundamental principles will be considered in a practical context. In addition, there will be a consideration of various insurance policies, standard policy conditions and exclusions as well as indemnity issues. The course will also include an examination of insurance law in a dispute resolution framework in terms of the nature of insurance disputes, dispute resolution mechanisms and insurance litigation.

    The objectives of this course are to: understand the basic principles of insurance law; explain and apply general principles of insurance law; gain an understanding of the legislation that regulates insurance, especially the Insurance Contracts Act 1984 (Cth) and Chapter 7 of the Corporations Act 2001 (Cth); provide an overview of the interaction between legislation and the common law relating to insurance; understand the operation of insurance law in a practical context.
    University Graduate Attributes

    No information currently available.

  • Learning Resources
    Required Resources
    The Reading Guide contains references to the materials and texts for this subject.
    Online Learning
    MyUni is the entry point to online learning at The University of Adelaide: http://www.myuni.adelaide.edu.au./ MyUni provides students and staff with access to course materials, discussion forums, announcements, online assessment and many other features to help manage your study or teaching. 
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Classes will be held on Wednesday evening from 5-8pm from 30 July to 3 September and from 8 to 15 October 2014. We will be flexible in our approach, focussing on individual student needs. Students in this course are expected to attend all classes.

    TOPIC ONE
    The nature and regulation of insurance in Australia and internationally

    TOPIC TWO
    Formation of contract, duty of good faith and duty of disclosure

    TOPIC THREE
    Construction of insurance policies

    TOPIC FOUR
    Claims processing and management

    TOPIC FIVE

    s.54 of the Insurance Contracts Act

    TOPIC SIX

    Subrogation, contribution and double insurance

    TOPIC SEVEN
    Special forms of insurance

    TOPIC EIGHT

    Election, waiver and estoppel
     
    Workload

    No information currently available.

    Learning Activities Summary

    No information currently available.

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    There are two components of assessment for this course. Both are compulsory. This means that if either of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount.

    Final Examination 50%
    Research Paper, 4000 words 50%
    Total 100%
    Assessment Detail
    A. Final Examination
    There will be a two hour examination (plus ten minutes reading time) in the examination period at the end of the semester. All students will be required to take this examination. You will be required to answer two questions. The exam is an open book exam: that is, students may bring into the exam any books, notes, and materials, other than books from the University Library system. The exam provides students with an opportunity to demonstrate their ability to analyse cases and legislation and solve problems associated with their application to factual scenarios.
    Examination Date: 10 NOVEMBER 2014 AT 2.00PM (130 MINUTES)

    B. Research Paper, 4000 words
    Students will be expected to research topics and provide a logically compelling legal thesis exploring specific areas which appraises the development of areas of law as they relates to insurance.
    Due Date: 19 SEPTEMBER 2014 AT 2.00PM
    Submission
    Presentation of Assignments
    1. Students must retain a copy of all assignments submitted.
    2. All assignments must be submitted via the electronic drop box on MyUni.
    3. Assignments will not be accepted which do not have a signed acknowledgement of the University’s policy on plagiarism (refer to policy on plagiarism above).

    Assignment Guidelines for Referencing
    All written work in the Law school is required to comply with The Australian Guide to Legal Citation available at http://www.law.adelaide.edu.au/library/resources/style/
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Notes on Assessment
    Examination
    · Demonstrated ability to identify the ratio decidendi of relevant cases and apply this ratio to novel factual situations
    · Demonstrated ability to work with the statutory schemes that are relevant to novel claims
    · Demonstrated ability to distinguish one case from another in the context of applying case law to the facts of novel claims
    · Demonstrated ability to identify the relevant factual issues involved in novel scenarios
    · Demonstrated legal problem solving skills

    Fail 0-44
    Paper fails to properly identify the ratio decidendi of relevant cases, fails to distinguish relevant from irrelevant cases to solving the problem posed, fails to properly apply relevant cases and legislation to solving the problem posed, and fails to identify key factual issues relevant to solving the problem posed

    Conceded Pass 45-49
    Paper shows some proper identification of the ratio decidendi of relevant cases, of distinguishing relevant from irrelevant cases to solving the problem posed, of applying relevant cases and legislation to solving the problem posed, and identification of key factual issues relevant to solving the problem posed.

    Pass 50-64
    Paper demonstrates basic understanding of the ratio decidendi of relevant cases, distinguishes and identifies relevant cases to solving the problem posed, demonstrates basic ability to apply relevant cases and legislation to solving the problem posed, but may contain a small number of errors of law, and identifies key factual issues relevant to solving the problem posed. The paper makes conclusions without sufficient supporting argument or reference to supporting authority or uses inappropriate supporting authority. Legal problem solving skills evident, but not very well developed.

    Credit 65-74
    Paper demonstrates a higher level of understanding of the ratio decidendi of relevant cases and the identification and application of relevant cases and legislation to solving the problem posed. A sound understanding of the relevant factual issues involved in solving the problem posed. Few errors of law and conclusions are well supported by argument and appropriate use of supporting authority. Legal problem solving skills are applied appropriately.

    Distinction 75-84
    High level of understanding of the ratio decidendi of relevant cases and the identification and application of relevant cases and legislation to solving the problem posed. Arguments in support of conclusions are clear and compelling. Highly developed problem solving skills are evident.

    High Distinction 85 - 100
    Outstanding level of understanding of the ratio decidendi of relevant cases, and the identification and application of relevant cases and legislation to solving the problem posed. Highly original and sophisticated arguments applied in support of conclusions. Outstanding problem solving skills demonstrated.

    Research Paper
    In addition to those for the examination, above:
    · level of insight and innovative thought
    · depth of analysis and level of critical examination of the issues raised
    · clarity of expression
    · logical planning and sequence
    · demonstrated understanding of relevant legal material eg: legislation, case law;
    · correct application of relevant material;
    · overall presentation, including correct grammar, spelling and punctuation;
    · use of resources in formulating the paper including proper acknowledgment and correct referencing

    Fail 0 – 44
    Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; little evidence of research to support arguments; demonstrates limited analytical and evaluative skills.

    Conceded Pass 45-49
    Paper shows some proper identification of the ratio decidendi of relevant cases, of distinguishing relevant from irrelevant cases to solving the problem posed, of applying relevant cases and legislation to solving the problem posed, and identification of key factual issues relevant to solving the problem posed.

    Pass 50 – 64
    Demonstrates a basic understanding of the relevant legal material eg legislation, cases and treaties; applies core texts and materials; arguments rational and coherent; adheres to referencing requirements

    Credit 65 – 74
    Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials; arguments are well constructed with appropriate supporting referencing; demonstrates some critical legal thinking and evaluative skills

    Distinction 75 – 84
    A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; paper demonstrates high level insight; broad ranging research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

    High Distinction 85 - 100
    Outstanding level of understanding and interpretation demonstrated. Arguments are compelling and well supported by relevant authorities, demonstrates sophisticated thinking especially in relation to difficult areas of legal application, and demonstrates highly developed written communication skills.

    Penalty for Late Submission: There will be a penalty of 5% per day or part thereof for any late submission of the written work without a formal extension of time granted. Extensions are only available on medical or compassionate grounds.

    Excess Word Penalty: Words in excess of the word limit will not be read. Students must indicate the word count of each assignment on the front cover of their assignment sheet.
     

    Final results for this course will be made available through Access Adelaide.

    Return of Assignments and Feedback
    Assignments will be returned to students within 3 weeks of the due date with written feedback.

    Course Results
    Assignments will be returned to students within 4 weeks of the due date with written feedback.

    University staff are not permitted to provide results to students over the telephone or by email. When results are approved and finalised they are available through Access Adelaide:
    http://www.adelaide.edu.au/access/

    Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior approval from the Course Co-ordinator.
     
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and Other Forms of Cheating
    Plagiarism is a serious act of academic misconduct. The School adheres strictly to the University’s policies on examination and assessment.
    Please see the University’s Policies for further information:
    Plagiarism policy: http://www.adelaide.edu.au/policies/230/ Policy on Cheating in Examinations and Related forms of Assessment: http://www.adelaide.edu.au/policies/unrevised/1963/ Examinations Policy: http://www.adelaide.edu.au/policies/465/  
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.