Insurance Disputes





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17.1 Unlike most other forms of insurance, the insured event in life assurance, for example death or survival for a certain term, is rarely in dispute.1 Disputes surrounding life assurance contracts often involve a wide range of other aspects surrounding the contract (for example the marketing and selling of the contract), which are not concerned with insurance law matters. In addition, unlike most other types of insurance contract a life assurance contract is something which is freely transferable and so is often the subject of assignment or mortgage or is put in trust. Therefore, many of the disputes relating to life assurance contracts do not relate to the contracts themselves or to insurance law issues but to the “title” to the contract of insurance.

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