Buying a Risk: An Application of Insurance Law to Legal Gaming

Abstract

At law, the imposition of novel duties of care may be arrived at by way of analogy with extant obligations. Here, such an analogy is made between the provision of gambling opportunities and the legal duties that subsist in any contract of insurance. A legal methodology is employed to explicate the core principles that give rise to fiduciary duties resulting from contracts of insurance, and to apply judicial decisions in the area of insurance law to the gambling construct.