header-logo header-logo

27 March 2008 / Shantanu Majumdar KC
Issue: 7314 / Categories: Features , Regulatory , Insurance / reinsurance , Commercial
printer mail-detail

A matter of some interest

Is it time to update insurance law in the light of the Gambling Act 2005? asks Shantanu Majumdar

What is the difference between insurance and gambling? Historically, the legal answer was that the insured must have an insurable interest in the subject matter of the insurance whereas the gambler can bet on just about anything so long as bookmaker and odds are available. The distinction was important since contracts of wager were unenforceable by reason of s 18 of the Gambling Act 1845 and insurance effected by an insured without such an interest was a contract of wager. Like so much of English Law, its piecemeal development by a patchwork of statute (principally the Life Assurance Act 1774 (LAA 1774) and the Marine Insurance Act 1906) and case law has meant that the result is uneven and to some extent illogical. In particular, although generalisation is difficult and imprecise:

 

  • in indemnity insurance—where recovery is measured by the existence and extent of the insured’s actual loss, the rule
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll