Insurance Law and Practice Elective. Statement of Outcomes

Transcription

1 Insurance Law and Practice Elective Statement of Outcomes The learning outcomes for the elective will be met through a mix of podcasts and workshop sessions, the latter involving face-to-face tuition and group working. The workshops are designed for small groups of students up to 15 in number. The specified elements of the learning outcomes and the integration of the skills are as noted in the following Course Outline. In addition, the principal occasions when issues of professional conduct most particularly arise are also there noted. These matters are referred to below. The specific aspects of the subject, as taught, appear as the introductory wording to each element of the specified learning outcomes. The course is designed to equip students with a trainee or newly qualified solicitor s level of understanding of the principal issues that arise in practice. We commence the course with a consideration of the features of an insurance contract; we progress from matters relevant to UK market regulations and control to carry out analyses of the nature of particular contracts of insurance. We will consider a number of sample insurance policies in common use for both commercial and consumer insureds. The course will focus upon general insurance and there will thus be more limited coverage and reference to matters specific to marine insurance and reinsurance. This focus is designed to meet the needs of our regional market. The podcasts are intended to provide students with a background explanation of core aspects of the law and procedure but will not repeat information available to the student from other sources, notably the issued text. The workshops will require students to research detailed aspects of the law and procedure and to apply those to given fact scenarios. Commonly, students will be required to provide written advice (by means of letters and memos) and will need to take the perspective of both insured and insurer/reinsurer. The skills of writing and drafting legal research and case analysis will be of pervasive application and embedded into the course. The skill of interviewing and advising will feature to a lesser extent. The course will require in particular use of I.T. skills (primarily to explore the FSA requirements on regulation, authorisation, conduct of business; and the FOS view in relation to the consumer insured). Wherever possible and useful, laptop use will feature during a number of the workshop sessions. The materials and tasks will be transactional in nature so far as is possible and students will be required to analyse policies in common usage. Professional conduct issues will primarily arise in the following contexts: FSA requirements of solicitors with regard to insurance mediation activities, conflicts of interest liability insurance, and the relationship between insured and insurer where there is a third party claim.

2 The elective is not fundamentally based on any other aspect of the LPC, but will develop students understanding of contract law. There are also a number of occasions when reference to other LPC subjects will be made, most notably in relation to life policies (trusts and private client tax planning), PLP (insurance on property and the insurable interests of vendor, purchaser and mortgagee), Civil litigation (in relation to legal expense and liability policies, compulsory insurance and third party claims and jurisdiction issues; BLP (insolvency and third party claims). The course is designed for LPC students who have completed Stage 1 of the LPC, but in addition will be appropriate for other graduates and legal executives currently working in a law firm, notably paralegals wishing to develop specialist legal training in this subject area, newly qualified solicitors, and those returning to practice such as solicitors following maternity and other career- breaks. Whilst full supporting materials, to include an issued text, will be provided, students will be expected to refer to primary source material and to practitioner texts. Course Outcomes On completion of the course successful students will be able, under appropriate supervision, to: 1. demonstrate their knowledge and understanding and employ the applicable skills in the elective area of law and practice; 2. use the legal knowledge, skills, procedures and behaviours appropriate to each client and each transaction or matter; 3. identify the overall nature of the transaction, then plan and progress that transaction or matter through a series of steps and decisions including, where appropriate, drafting documentation; 4. identify the client s goals and alternative means of achieving those goals and deal appropriately with client care; 5. investigate and identify the relevant facts, research and identify the relevant legal issues, and advise the client on the legal consequences; 6. recognise and act within the rules of professional conduct; 7. identify the client s reasonable expectations as to quality and timeliness of service. 8. reflect on their learning and identify learning needs. These outcomes will be embedded into the subject, primarily through the design of the sessions and work of preparation and activities during sessions. Our tasks set will be transactional in nature and will require students (either alone or as part of as team) to identify the client s goals, needs and demands, the alternatives open to the client and any constraints under which they operate. The

3 identification of the matter or transaction, as appropriate, will form part of the student s pattern of work and they will undertake for themselves the basic or key steps required to advance matters- sometimes as work of preparation and on other occasions during tutor controlled sessions. In so doing, understanding and skills will be demonstrated at each stage of the course prior to summative assessment. Our students are required to take responsibility for their researches and will frequently be called upon to offer practical advice (orally or in writing). Links with practitioners and local firms will enable us to maintain the currency and realism of tasks set and will assist us and students to ensure that students appreciate the importance of being adaptive and responsive to the needs and perspectives of clients in the SW and of delivering a high quality of service. The design of our sessions will also take into account the need for students to be able to recognise those occasions when their level of understanding is inadequate, and thus when there is need to seek guidance from a principal. In so doing, students will reflect on their individual stage of learning. By the end of the course successful students will be able, under appropriate supervision, to demonstrate their knowledge, understanding and skills in the following specific elements: Elements 1) Identifying a contract of insurance. a) have an awareness of the features and characteristics of an insurance contract and a reinsurance contract; b) appreciate the practical significance of being able to identify the insurance/reinsurance contract; c) appreciate the nature of the contract of indemnity. 2) Regulation of the market. a) understand the role of the FSA, and in outline the requirements for authorisation in order to operate in the EU market; b) have an awareness of the cross -border provisions in relation to regulations relevant as between EU states; c) be able to advise a client on the schemes available to protect the consumer insured in the area of insolvency of the insurer and/or intermediary; d) understand the role and term of reference of the FOS (Ombudsman) and be able to investigate the published view of the Ombudsman in disputes between consumer insured and insurer;

4 e) appreciate the role of the SRA relative to solicitors (insurance mediation activities). 3) Agents be able to develop and apply in context learning previously acquired (contract law) in relation to principles of agency law, in particular in relation to rights and obligations of the agent to the principal and to third parties. 4) Insurable interest and illegality. a) understand the basic requirements for the common types of insurance policies, and the practical significance of this; b) appreciate the law s response where there is illegality at the outset and in the performance of an insurance contract; 5) Formation develop and apply learning previously acquired (contract law) in relation to the formation of a valid and enforceable contact, and be able to apply this in context. 6) Good Faith a) be able to advise a client (whether insurer or insured) on his legal rights and obligations in relation to the duty of good faith, non-disclosure, and misrepresentation; b) understand the client s duties whether as insured or as insurer at the claimsmaking stage. 7) Policy Terms a) understand and be able to distinguish the various types of contract terms relevant in the context of an insurance contract;

5 b) be able to construe a range of policies and contractual wording, and offer legal advice on the meaning and practical effect of these; c) be able to advise upon contractual provisions agreed between parties in relation to insurance, in particular in the context of the construction industry (JCT contract forms). 8) Subrogation, Contribution and Third Parties a) understand the insurer s rights of subrogation and of contribution, and the practical significance of each; b) appreciate the interests of third party claimants in relation to liability policies, and understand the ways in which the law responds to such interests, in particular in the event of the insured s insolvency. 9) Compulsory insurance a) be able to analyse, apply and advise on relevant statutory provisions in relation to RTA and employers liability insurance; b) understand the role of the MIB in relation to uninsured and untraced drivers, and the procedures to be followed by the claimant; c) appreciate the requirements of solicitors with regard to indemnity insurance coverage, and the role of the SRA. 10) Insurers and Civil procedure. be able to reflect upon their learning of Civil Litigation, and appreciate the interests of an insurer in the conduct of civil plains/defences, in particular in relation to liability policies and in funding claims through legal expense insurance. 11) Skills and Professional Conduct. a) have developed their Legal Practice Course skills;

6 b) be able to recognise when and in what ways rules of professional conduct impact on their practice; c) have reflected on their learning; d) have practised their use of primary source and practitioner materials.

7 Insurance Law and Practice Elective Course Structure 09/10 Podcasts 1-1 hour. Introduction to Insurance law General principles (Element : 1) Sessions (each of 2 hours unless shown) 1. (1 hour) Regulation of the market, The Financial Services Authority; the EU dimension (Elements: 1, 2, 11) 2. Basic agency principles relevant to insurance law; protection of the Consumer; role of the ombudsman. (IT, legal research) (Elements; 2, 3, 11) 2-1 hour Insurable Interest (Element: 4) 3-1 hour Formation of the contract (Element: 5) 4-2 hours Good faith; Disclosure/Misrepresentation (Element: 6) 3. (1 hour) Life and property policies; insurable interest. (Element: 4) 4. Case studies on formation Misrepresentation/case analysis, nondisclosure (writing skills). (Elements: 3, 6, 11) 5-2 hours Principles of construction; Terms. (Element: 7) 6-1 hour Liability policies; Causation (Element: 7) 5. Insurance for the construction Industry JCT contracts, CAR policies; construction of the policy (writing skills). (Elements: 7, 8, 11)

8 7-1 hour Losses and claims (Elements: 6, 7 ) 6. Losses and claims (Elements 6 and 7) 8-1 hour Subrogation and third party Rights. (Element: 8) 9-1 hour Compulsory insurance/rta and Employers Liability insurance (Element: 9) Construing the policy (Element: 7) Compulsory insurance-rta (Interviewing skills). (Elements: 4, 6, 9, 11 ) 9. (1 hour) Illegality (Element: 4) 10. Construing the policy. (Elements: 3, 5, 6, 7 ) 10-1 hour Insurer disputes and the role of Insurers in civil disputes; legal expense insurance. (Professional Conduct Elements: 10, 11) 11. Agents/Intermediaries (Elements: 3, 9) 12. Contribution and double Insurance; Reinsurance matters (legal research). (Elements: 1, 9, 11) 13. (1hour) Revision preparing for the assessment. (Element: 11) 12 hours podcasts 22 hours workshops