B.A., LL.B/BBA, LL.

Course Outline

Subject Name INSURANCE LAW (BUSINESS LAW HONORS IV)

Subject Credit 4

Subject Code HLAW 304

The course will cover the fundamental principles on which the law of
insurance has been evolved. Course will discuss various types of insurance
Summary/ Overview contracts and the legal principles and regulations dealing with them. The
risks at the sea has instigated the practice of insurance in its earliest forms
and continued to follow the same practice for centuries.
 To make the students to have an in-depth understanding of the
fundamental principles and laws governing the insurance sector.
Aims & Objectives
 The students will be able to analyze and evaluate the fundamental
principles of Insurance Law and apply in practical situations.
Prof. Sujith P Surendran
Office: 3rd Floor, Leaning Center, Faculty Area.
Instructor
Phone No: 7895178486
E-mail id: sujith.surendran@alliance.edu.in

Office Hours 15.05-16:20 Hrs. (Wednesday and Thursday)

Core Learning Outcomes

Learning Outcomes Assessment Criteria
Sl.
On completion of this unit you To achieve the learning outcome you must
No.
should be able to: demonstrate the ability to:
Remember all the fundamental Recognize and Recall all the fundamental
1 principles and laws governing the principles and laws governing the insurance sector.
insurance sector
Understand various types of Insurance Explain the laws and principles dealing with
2 contracts and principles governing different types of insurance contracts.
them
To deconstruct a complex factual situation into its
3 Apply the law to facts
elements to understand the legal issues involved in
 it and suggest solutions in accordance with the law.
Able to differentiate various types of insurance
Analyze the questions of law and facts
4 contracts based on the factual circumstances and
involving insurance contracts
differentiate the legal principles applicable.
Synthesize different principles to Construct a valid argument to address an issue
formulate meaningful application of relating to insurance using various principles of
5
them to a new scenario to bring out a law.
most appropriate solution.
To critically evaluate various provisions of the
Evaluate the questions of law and
6 insurance law and judicial decisions and write a
facts involving insurance contracts
research paper.

The course is offered for Four credits (4) which comprises 48 teaching
session as per the norms of the Bar Council of India. Each session is
consists of One Hour and Fifteen Minutes. The Class will meet regularly
as per the prescribed schedule fixed by the ASOL Dean’s office. All
Approach to Learning fundamental principles, theories and evolving legal issues will be taught
and discussed in the classroom using lectures, classroom discussions,
case analysis, and flipped classroom and guided reading methods.
Further the students are expected to build their wide and deep
understanding of the subject with the guidance of the Instructor.
Assessment will be carried out detailed below. The assessment will be
aimed at testing the knowledge of the sector specific terminology,
conceptual clarity, procedural understanding and ability of contextual
application of law. Assessment of this course divided between written
examination and research project.
 Written Examination: Written examination component further
divided into two parts which consist of Mid Semester
Examination (MSE) which will be held during the semester and
Semester End Examination (SEE). MSE of 45 marks for 2 hours,
the weightage of 15 percent of the total grade will be taken into
consideration. The students will receive the notification of the
examination from the ASOL Dean’s office. The Semester End
Assessment Strategy Examination (SEE) which consists of 100 marks and the duration
of 3 hours to answer the questions, out of which 50 percent
weightage will be taken into consideration. The instructor will
provide tips and technics to write thematic and problem based
answers during the class.

 Class Test: Class test consists of 5 Marks of the total marks,

which generally conducted during 4th or 5th week of teaching.
Exact dates will be informed by the teacher. Modalities of the
class test can be discussed and agreed with the class.

 Classroom Attendance (CA): Classroom attendance and

participation comprises of 5 Marks based on your attendance and
 your participation in the classes marks will be awarded.
.
 Written Project: During the second week of the teaching the
teacher will assign a title of the research project in consultation
with specific student. Each student in the class is required to
submit the full research paper of not less than 4000 words (which
carries 15 percent of the total grade). Specific date lines have
been provided in the academic, requested to find the specific
dates for your submission. Each student is expected to submit
their research project work on or before the mentioned deadline
in the academic calendar. Penalties will be imposed to the late
submission. If any student is interested to work on their own topic
chosen by them, they are encouraged to do so, however, they
have to get prior approval from the class teacher. Once the class
teacher approves the project then the work can be carried out on
regular basis. The project should be structured around the given
topic incorporating therein the importance of the topic, brief
introduction, identifying the research problem, reviewing the
existing legal system, need to write object of the research study
and the scope along with methodology. Further you are required
to provide with the analytical review of the existing literature on
the given topic and the specific questions to be addressed. The
class teacher will provide you with a template; students will have
to follow the template strictly. Non-compliance of the template
will attract the penalties. The project should be typed in Times
New Roman 12 font size with 2 point line spacing. The
paragraphs should also be justified with normal margin. Students
are required to follow the OSCOLA format for the standard
citation. Project work must be free from plagiarism, you are
required to provide with proper citations in the footnote, and
at the end of your project of work you are required to give
full list of select bibliography. If the work found to be a
plagiarized work then it will treated as a serious academic
misconduct. Serious actions will be taken against the student.

 Presentation and Viva: The Presentation and/or Viva-voce

comprises of 10 percent of the total grade where the students are
required to give oral/presentation in the class before the panel of
teachers on the project which you have submitted and questions
will be posed by the panel of teachers based upon the
presentation.

Duration and
Assessment Weight Marks of
No Description of Assessment Method
Method % Examination
 2 hours and 45
Marks in which
1 DSA Written examination 15
15 percent
weightage
Throughout the
2 AT Class attendance 5 Course
Case Throughout the
Study/Assignments/Projects/Presentations/Viva Course
Voce/Quiz
CS / PR /
3 Assignments/Projects should be students' 30
OR / CP
original work as plagiarism is a serious academic
misconduct. **Mode of citation will be in OSCOLA
format.
3 hours and
100 marks
Semester from which 50
4 End Written 50 percent
Examination Examination weightage will
be taken

Outline Teaching Schedule

Unit
Topic No. of Sessions
Number
1. Introduction 4
1.1. Definition, nature and history of insurance.
1.2. Concept of Insurance and law of contract and torts.
1. 1.3. Future of insurance in globalized economy.
1.4. History and development of Insurance law in India.
1.5. Insurance Regulatory Authority – role and functions.

2. General Principles of law of insurance 8

2.1. Contract of Insurance - classification of contract of
insurance; nature of various insurance contracts and
parties thereto.
2.2. Principle of good faith, non-disclosure, and
2. misrepresentation in insurance contracts.
2.3. Insurable Interest; the risk insurable.
2.4. Insurance policy, classification of policies, form and
contents, conditions of policy.
2.5. Alteration of risks.
2.6. Assignment of the subject matter.

3. Life Insurance 8
3.
3.1. Nature and scope of life insurance, definition, kinds
 of life insurance, the policy and formation of a life
insurance contract.
3.2. Event insured against life insurance contract.
3.3. Circumstances affecting the risk.
3.4. Amounts recoverable under life policy.
3.5. Persons entitled to payment.
3.6. Settlement of claim and payment of money.

4. Marine Insurance 8
4.1. Nature and scope
4.2. Classification of marine policies
4.3. The Marine Insurance Act 1963
4.4. Insurable interest, insurable value
4.5. Marine insurance policy - conditions - express
warranties construction of terms of policy
4.
4.6. Voyage - deviation
4.7. Perils of the sea
4.8. Partial loss of ship and of freight, salvage, general
average, particular charges
4.9. Measure of indemnity, total valuation, liability to
third parties.

5. Insurance against third party risks 8

5.1. The Motor Vehicles Act, 1988 (Chapter VIII)
5.2. Nature and scope, persons governed, definitions of
'use', 'drives', 'motor vehicle', requirements of policy,
statutory contract between insurer and drive rights of
third parties, limitations on third party's rights duty to
inform third party.
5. 5.3. Effect of insolvency or death on claims, insolvency
and death of parties, certificate of insurance
5.4. Conditions to be satisfied
5.5. Claims tribunal, constitution, functions, application
for compensation - who can apply? - procedure and
powers of claims tribunal - its award.
5.6. Co-operative insurance (Motor Vehicles Rules)

6. Social Insurance in India 8

6.1. Important elements in social insurance, its need.
6.2. Commercial insurance and social insurance
6.3. Workmen's compensation - scope, risks covered,
6. industrial accidents, occupational diseases, cash
benefits, incapacity, amount of compensation, nature
of injuries, dependents, schedule.
6.4. Old age, premature death and invalidity insurance or
pension insurance, public provident fund.
 6.5. Unemployment insurance
6.6. Social insurance for people like seamen, circus
workers and agricultural, workers.

7. Public Liability Insurance and Emerging Legislative 4

Trends
7. 7.1. The Scheme and authorities.
7.2. Emerging legislative trends in India.

Total Sessions 48

Recommended Resources
Essential Reading

Books
M N Srinivasan & K Kannan, Principles of Insurance Law, 9th Edn, (LexisNexis 2009)
http://www.lexisnexis.com/in/legal/api/version1/toc?shr=t&hct=f&hac=f&scl=t&csi=34538
4

John Birds, Birds’ Modern Insurance Law, 10th Edn, (Sweet & Maxwell 2016)
Sachin Rastogi, Insurance Law and Principles, (LexisNexis 2014)

KSN Murthy & Dr. KVS Sarma, Modern Law of Insurance, 4th Edn., (LexisNexis Butterworths
Wadhwa Nagpur 2013)

Avtar Singh, The Law of Insurance, 3rd Edn, (Eastern Book Company 2017)

Book Chapters and Articles

Rev. SK-ML and 1960 undefined, ‘The Purpose of Insurance Regulation: A Preliminary Inquiry
in the Theory of Insurance Law’ HeinOnline https://heinonline.org/hol-cgi-
bin/get_pdf.cgi?handle=hein.journals/mnlr45&section=28

Review RK-HL and 1970 undefined, ‘Insurance Law Rights at Variance with Policy Provisions’
JSTOR
https://www.jstor.org/stable/1339729?casa_token=StcfMeT4EJYAAAAA:mrgf08YWny
rJY3-zqDFOjKz20fIOG-fC-z0ygDa6vEvIc_MpTxcBsNm6cam3O_AH-
JHlDozHhSmHQmtG4TtVeXjAH7QaAXDEE52MxtOpy7lm9Rpl

Schwarcz D, ‘The Failures of State Insurance Regulation’

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2974099
Suggested Reading

Books

M N Srinivasan & K Kannan, Principles of Insurance Law, 10th Edn, (LexisNexis 2017)

McGee, The Modern Law of Insurance, 2nd Edn, (LexisNexis Butterworths 2018)

Howard N. Bennet, The Law of Marine Insurance, 2nd Edn, (Oxford 2006)

Book Chapters and Articles

Baker T, Rev. KL-GML and 2016 undefined, ‘In Defense of the Restatement of Liability
Insurance Law’ HeinOnline https://heinonline.org/hol-cgi-
bin/get_pdf.cgi?handle=hein.journals/gmlr24&section=31

Brammli-Greenberg S and others, ‘Regulated Competition and Health Plan Payment Under the
National Health Insurance Law in Israel—The Unfinished Story’ Elsevier
https://www.sciencedirect.com/science/article/pii/B9780128113257000130

Jerry R and Richmond D, ‘Understanding Insurance Law’ Law A, ‘Agricultural Insurance’

http://www.commonlii.org/lk/legis/consol_act/ai271290.pdf

Legh-Jones N, Birds J and Owen D, ‘MacGillivray on Insurance Law’Li KX and others,

‘Disclosure in Insurance Law: A Comparative Analysis’ (2016) 41 European Journal of
Law and Economics 349 http://link.springer.com/10.1007/s10657-012-9355-y

Li K and others, ‘Disclosure in Insurance Law: A Comparative Analysis’ Springer

https://link.springer.com/article/10.1007/s10657-012-9355-y

LJ RH-O St. and 1990 undefined, ‘The Doctrine of Reasonable Expectations in Insurance Law
After Two Decades’ HeinOnline https://heinonline.org/hol-cgi-
bin/get_pdf.cgi?handle=hein.journals/ohslj51&section=41

Cases

National Insurance Co. Ltd., Chandigarh vs. Nicolletta Rohtagi and Ors. (17.09.2002 - SC)
Delhi Transport Corporation vs . D . T . C . Mazdoor Congress and Ors . ( 04 . 09 . 1990 - SC )
Express Newspapers ( Private ) Ltd . and Ors . vs . The Union of India ( UOI ) and Ors . ( 19 . 03
. 1958 - SC )
Kesoram Industries and Cotton Mills Ltd . vs . Commissioner of Wealth Tax , ( Central ) Calcutta
( 24 . 11 . 1965 - SC )
United India Insurance Company Ltd. vs. Lehru and Ors. (28.02.2003 - SC)
Whirlpool Corporation vs . Registrar of Trade Marks , Mumbai and Ors . ( 26 . 10 . 1998 - SC )
Helen C . Rebello and Ors . vs . Maharashtra State Road Transport Corpn . and Ors . ( 18 . 09 .
1998 - SC )
Gujarat Steel Tubes Ltd . and Ors . vs . Gujarat Steel Tubes Mazdoor Sabha and Ors . ( 19 . 11 .
1979 - SC )
Motilal Padampat Sugar Mills Co . Ltd . vs . State of Uttar Pradesh and Ors . ( 12 . 12 . 1978 -
SC )
Rustom Cavasjee Cooper and Ors . vs . Union of India ( UOI ) ( 10 . 02 . 1970 - SC )