LAWS341-18S2 (C) Semester Two 2018

Insurance Law

15 points

Start Date: Monday, 16 July 2018
End Date: Sunday, 18 November 2018
Withdrawal Dates
Last Day to withdraw from this course:
  • Without financial penalty (full fee refund): Friday, 27 July 2018
  • Without academic penalty (including no fee refund): Friday, 12 October 2018


The main principles of insurance law with specific reference to life and property insurance.

This course aims to provide students with an understanding of the key principles of insurance law and insurance market practices both in NZ and internationally.  It will examine various topics, including: the purpose of insurance; the nature and contents of an insurance contract; the debate about the so-called duty of utmost good faith in insurance; the insured’s duty of disclosure; the effect of pre-contractual misstatements; and the law relating to insurance intermediaries generally.   It will also examine key aspects of the insurer’s rights and obligations when a claim is made by the insured, including: determining whether a loss is covered under the terms of the insurance contract; principles governing notification of claims; whether the claim falls within an exclusion clause(s) in the policy; the question of causation and the effect of a deliberate (non-accidental) loss; the insurer’s handling of a claim under a third-party liability policy; fraudulent claims; and rights of subrogation.  Reference will be made to issues arising out of the Christchurch earthquakes, including the nature and operation of the EQC scheme, where relevant.  If time allows students will be given a general introduction to the legal regulation of the insurance industry in New Zealand.

Learning Outcomes

The essential learning outcome in this course is that a student who successfully completes the course will be able to approach any insurance-related issue(s) encountered in legal practice with confidence and a solid background knowledge of the general principles and practices of insurance.

University Graduate Attributes

This course will provide students with an opportunity to develop the Graduate Attributes specified below:

Critically competent in a core academic discipline of their award

Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.


(i) LAWS101; and (ii) LAWS110


LAWS327 before 2005


Course Coordinator / Lecturer

Henry Holderness


Assessment Due Date Percentage 
Take Home Test 14 Sep 2018 50%
Essay 15 Oct 2018 50%

Assessment is likely to consist of:
(i) A group assignment and/or an in-class group presentation (20%);
(ii) A mid-semester take home or open book test (potentially online via Learn) (20%);
(iii) A final take home test in the last week of the semester (60%).    

Assessment will be confirmed in the first week of term.

Textbooks / Resources

No set text.  Students will be advised of recommended readings as the course progresses.

Indicative Fees

Domestic fee $790.00

International fee $3,600.00

* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.

For further information see Faculty of Law .

All LAWS341 Occurrences

  • LAWS341-18S2 (C) Semester Two 2018