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AIDA Europe Research Series on Insurance Law and Regulation

Transparency in Insurance Contract Law

Editors: Marano, Pierpaolo, Noussia, Kyriaki (Eds.)

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  • 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
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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.


Table of contents (29 chapters)

Table of contents (29 chapters)

Buy this book

eBook $129.00
price for USA in USD (gross)
  • ISBN 978-3-030-31198-8
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $169.99
price for USA in USD
  • ISBN 978-3-030-31197-1
  • Free shipping for individuals worldwide
  • Immediate ebook access, if available*, with your print order
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

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
Series Volume
2
Copyright
2019
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-31198-8
DOI
10.1007/978-3-030-31198-8
Hardcover ISBN
978-3-030-31197-1
Series ISSN
2662-1770
Edition Number
1
Number of Pages
XX, 713
Number of Illustrations
1 b/w illustrations
Topics

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