Policyholder's Reasonable Expectations

By Yong Qiang Han

Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insurance law. "A thoroughly researched inquiry that is both broad in scope and nuanced in its analysis of case law and concepts. It not only re-examines and corrects much of the conventional wisdom regarding the reasonable expectations concept but also appreciates the application of the doctrine to the overall insurer-policyholder relationship as well as to coverage disputes...A fresh and interesting exploration that has both perspective and detail. The book makes insightful observations and marshals specific supporting evidence that requires rethinking of traditional views of both insurance law and contract law....Just when you thought everything had been said about the reasonable expectations "doctrine," Professor Han provides new and important insights that will prove valuable to scholars addressing the topic, judges deciding cases, and lawyers representing both insurers and policyholders."--Prof. Jeffrey W Stempel, William S. Boyd School of Law ***"This sweeping study of the policyholder's reasonable expectations makes a strong case for placing greater emphasis on this notion in English insurance law. Analyzing the issue from both doctrinal and comparative law perspectives, it is a must-read for anyone in the field."--Prof. Kenneth S Abraham, Univ. of Virginia School of Law [Subject: Commercial Law, Insurance Law, Tort Law, Contract Law]


Publication Date: 11/3/2016
Format: Cloth
ISBN: 9781509900763