Thesis (doctoral)--Universität Bern.

Thesis (doctoral)--Universität Erlangen.

Thesis (J.D.)--Lund Universitet, 1996. / eContent provider-neutral record in process. Description based on print version record.

Thesis (J.D.)--Lund Universitet, 1996. / eContent provider-neutral record in process. Description based on print version record.

This thesis examines the regulation behind exclusion clauses and their use in third party motor insurance policies. The thesis answers three key questions. First, to what extent are exclusion clauses valid in third party motor insurance policies against third parties? Second, what is the effect of the use of exclusion clauses on third party claims? Third how should the law in this area be reformed? It further examines the effect on exclusion clauses of general contractual and insurance contract regulation on third party victims. Finally, the thesis will examine the role of the MIB and whether it provides adequate protection as a ‘fund of last resort’.

LL.M. / Please refer to full text to view abstract

It is generally assumed that by virtue of s. 5 of the Civil Law Act 1956 (Malaysia), which deals with the application of English law, the law of insurance in Malaysia follows strictly the law of England either as it stood on 7 April 1956 (for the states of Johore, Kedah, Kelantan, Negri Sembilan, Pahang, Perak, Perlis, Trengganu and Selangor) or as it stands currently (for the states of Penang, Malacca, Sabah and Sarawak). Whilst this is essentially correct, there are several factors which result in the development and application of some divergent principles. This thesis seeks to trace the general body of insurance law which has developed in Malaysia. It starts with a historical account of the insurance industry in the country. This is followed by ten chapters dealing with the main aspects of the substantive law. In these chapters, an attempt is made to highlight any noticeable departure from the statute law or common law of England. Such a departure may be due to the fact that the relevant law in Malaysia differs from that in England, for example the provisions of the Contracts Act 1950 (Malaysia) in relation to contractual formalities. Again, the provisions of the Insurance Act 1963 (Malaysia) in relation to insurable interest differ from the English common law. Moreover, Malaysian judges have interpreted and applied the common law in ways which do not always mirror English developments. Even where there are almost identical statutory provisions, such as those in relation to trusts of life policies, there may be problems which are unique to Malaysia because of the different personal laws of its peoples. The next chapter deals with Compulsory Third Party Motor Insurance which is the most important branch of general insurance in the country. The thesis then describes the introduction of a parallel system of insurance, ie. the Islamic system of insurance in the country, a development in Malaysia and a few other Muslim countries. The final chapter looks at how Malaysia, as a developing country, regulates its insurance industry.

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Univ., Diss.--Orléans, 2004.