Overview
- Offers an indispensible tool for all academics, legislators and policymakers working in this field
- Provides a comparative approach on insurance contract law in many different jurisdictions
- Preface by Professor Rob Merkin QC, University of Exeter
Part of the book series: AIDA Europe Research Series on Insurance Law and Regulation (ERSILR, volume 2)
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Table of contents (29 chapters)
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Front Matter
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Civil Law: European Union
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Front Matter
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Civil Law: Other Jurisdictions
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Front Matter
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Keywords
- Insurance Regulation
- Financial Services
- Insurance Law
- International Association of Insurance Law
- AIDA
- Insurance Market
- Insurance Contract Law
- Transparency
- Customer Protection
- Common Law Jurisdictions
- Civil Law Jurisidctions
- Insurance Products
- General Insurance Policy Conditions
- Contractual Terms
- insurance
About this book
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed.
Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty.
Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Editors and Affiliations
Bibliographic Information
Book Title: Transparency in Insurance Contract Law
Editors: Pierpaolo Marano, Kyriaki Noussia
Series Title: AIDA Europe Research Series on Insurance Law and Regulation
DOI: https://doi.org/10.1007/978-3-030-31198-8
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2019
Hardcover ISBN: 978-3-030-31197-1Published: 12 March 2020
Softcover ISBN: 978-3-030-31200-8Published: 26 August 2021
eBook ISBN: 978-3-030-31198-8Published: 11 March 2020
Series ISSN: 2662-1770
Series E-ISSN: 2662-1789
Edition Number: 1
Number of Pages: XX, 713
Number of Illustrations: 1 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law, Insurance, European Economic Law, International Economic Law, Trade Law, Common Contract Law, Commercial Law