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Chapter 37 Insurance

Learning Objectives

After reading this chapter, you should understand the following:

  1. The basic terms and distinctions in the law of insurance
  2. The basic types of insurance for property, liability, and life
  3. The basic defenses to claims against insurance companies by the insured: representation, concealment, and warranties

We conclude our discussions about property with a focus on insurance law, not only because insurance is a means of compensating an owner for property losses but also because the insurance contract itself represents a property right. In this chapter, we begin by examining regulation of the insurance industry. We then look at legal issues relating to specific types of insurance. Finally, we examine defenses that insurance companies might raise to avoid making payments under insurance policies.