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Insurance In Private International Law


Insurance In Private International Law
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Insurance In Private International Law


Insurance In Private International Law
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Author : Francesco Seatzu
language : en
Publisher: Hart Publishing
Release Date : 2003-07

Insurance In Private International Law written by Francesco Seatzu and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07 with Law categories.


This volume provides an analysis of insurance in private international law for international business lawyers, including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means.



Private International Law Of Reinsurance And Insurance


Private International Law Of Reinsurance And Insurance
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Author : Raymond Cox
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-25

Private International Law Of Reinsurance And Insurance written by Raymond Cox and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-25 with Law categories.


The first book dedicated to this subject, Private International Law of Reinsurance and Insurance provides a practical and easy-to-use reference in this complex area of law. This book provides a clear and useful guide to identifying the applicable legal regimes and relevant rules insofar as they concern reinsurance and insurance disputes. It offers authoritative guidance on the Jurisdiction Regulation 44/2001, the Rome Convention on Choice of Law and the 2001 Insurance Directives and regulations, as well as the common law.



Research Handbook On International Insurance Law And Regulation


Research Handbook On International Insurance Law And Regulation
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Author : Julian Burling
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012

Research Handbook On International Insurance Law And Regulation written by Julian Burling and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


'Global insurance and its rapidly evolving law and regulation demands international research. To this aim, the Handbook offers a truly international collection of essays. Highly renowned experts analyze the key topics currently under international discussion and development. While representing a diversity of national jurisdictions, the focus lies on the largest insurance jurisdictions (USA, UK and Germany) but newly important jurisdictions like Brazil and China are considered as well a most valuable and important contribution to international insurance law literature.' Manfred Wandt, Director of the Insurance Law Institute, Goethe-University Frankfurt, Germany 'This Research Handbook is published at an opportune time. A global review of insurance law and regulation is underway. Much reform happens locally with little reference to developments elsewhere and this Research Handbook brings the strands together. It is a comprehensive review by distinguished authors from different backgrounds including both leading academics and practitioners. They consider the definitions of insurance, its economic underpinnings, comparative law and regulations, actual and proposed reforms, the effects on underwriting and claims and how insurance is studied and taught. Good laws and regulation benefit the market and its customers. Bad laws and regulation do the opposite. This book is required reading for all involved in the reform process.' David Hertzell, Law Commissioner 'Globalisation has had no greater impact in the commercial world than on insurance, the law which governs it and the risks it seeks to address. Those who inspired this publication and the contributing authors, are to be thanked for providing such a necessary and useful reference source. It covers so much of what insurance professionals need to be aware of in the insurance/law world of the twenty first century.' Michael Gill, President of the International Insurance Law Association Given its economic importance, insurance is a field that has been underserved as an area of academic study. This detailed book provides much needed coverage of insurance law and regulation in its international context. Produced in association with Lloyd's, it draws on the expertise both of academics and practising lawyers. Containing 30 comprehensive chapters, it provides in-depth studies on key areas, such as the role of international organisations, the judicial interpretation of insurance contract clauses and transnational regulatory recognition. It also provides thorough introductions to important jurisdictions, including the EU, US and Japan as well as focusing on newly emerging economies such as China and Brazil. Specialist topics covered include regulation by and of Lloyd's, the tort of bad faith in the US, microinsurance and takaful insurance. This well-documented resource will appeal to academics and students in insurance law and regulation, policymakers and private practice lawyers. The book also aims to stretch the imagination of anyone with an interest in insurance law and regulation, providing detailed analysis and avenues for further investigation.



International Insurance Contract Law Proceedings Of A Comparative Law Conference Held At The European University Institute Florence May 23 24 1991


International Insurance Contract Law Proceedings Of A Comparative Law Conference Held At The European University Institute Florence May 23 24 1991
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Author : European University Institute
language : en
Publisher: Springer
Release Date : 1993-07-07

International Insurance Contract Law Proceedings Of A Comparative Law Conference Held At The European University Institute Florence May 23 24 1991 written by European University Institute and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-07-07 with Law categories.


This text comprises issues discussed at a colloquium on international insurance law, held on 23-24 May 1991 in Florence (Italy) at the European University Institute. One of its central themes concerns the tensions between the generally accepted theoretical tenets of private international law and the perspective of the E.C. legal order. Other issues discussed include: The EC Treaty International Insurance Contract Laws within the EC Party Autonomy in International Insurance Contract Law Article 59 EEC-Treaty and its Implications for Conflicts Law in the field of Insurance Contracts Implementation of the Second Directive on Choice of Law Mandatory Rules Governing Insurance Contracts and Private International Law The Law Applicable to Compulsory Insurance and Life Assurance The Evolution of Community Law on Services, with Special Reference to Financial Services and Consumer Protection Observation from a Third Country on the Development of International Insurance Contract Law within the EC Synopsis of the Colloquy and Prospects for International Insurance Contract Legislation within the EC Discussion Reports



Insurance And Human Rights


Insurance And Human Rights
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Author : Margarida Lima Rego
language : en
Publisher: Springer Nature
Release Date : 2022-02-15

Insurance And Human Rights written by Margarida Lima Rego and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-15 with Law categories.


This volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’). The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.



The Principle Of Indemnity In Marine Insurance Contracts


The Principle Of Indemnity In Marine Insurance Contracts
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Author : Kyriaki Noussia
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-08-06

The Principle Of Indemnity In Marine Insurance Contracts written by Kyriaki Noussia and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-06 with Law categories.


This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.



The Implementation Provisions Of The Ec Choice Of Law Rules For Insurance Contracts


The Implementation Provisions Of The Ec Choice Of Law Rules For Insurance Contracts
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Author : Marco Frigessi di Rattalma
language : en
Publisher:
Release Date : 2003

The Implementation Provisions Of The Ec Choice Of Law Rules For Insurance Contracts written by Marco Frigessi di Rattalma and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Conflict of laws categories.


The private international law rules for insurance contracts in the European Insurance Directives are of great importance for every lawyer involved in international business. These provisions become relevant whenever one is dealing with insurance products in a European context. These rules which apply to insurance contracts covering risks situated in the territories of the Member States of the European Community have currently been implemented by all the Member States of the European Union. The purpose of this book is to analyse the implementation rules of these choice of laws provisions in all the member States of the European Union. This Volume concentrates on seven major States such as Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom. Seven expert reports give an overview of the current state of the law. Insights are given into national practice and theoretical aspects are not neglected. This work is a unique collection which both scholars and practitioners will find to be an invaluable source of reference in order to understand the complicated issues arising where cross border transactions occur in the field of insurance. Contributors: Dr. N. Auclair, University of Paris XI, France ; Professor P. Blanco Morales Limones, University of Extremadura, Spain ; Professor B. Dubuisson, Université Catholique de Louvain, Belgium ; Professor M. Frigessi di Rattalma, University of Brescia, Italy; Professor Burkhard Heß, University of Tübingen, Germany; Dr. Torsten Hub, University of Tübingen, Germany; Dr. M. Koppenol-Laforce, Erasmus University, The Netherlands; Dr. I. MacNeil, University of Aberdeen, United Kingdom; Dr. F. Seatzu, University of Cagliari, Italy.



Transparency In Insurance Contract Law


Transparency In Insurance Contract Law
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2020-03-11

Transparency In Insurance Contract Law written by Pierpaolo Marano and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-11 with Law categories.


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.



Principles Of European Insurance Contract Law Peicl


Principles Of European Insurance Contract Law Peicl
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Author : Project Group Restatement of European Insurance Contract Law
language : en
Publisher: sellier. european law publ.
Release Date : 2009

Principles Of European Insurance Contract Law Peicl written by Project Group Restatement of European Insurance Contract Law and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Insurance law categories.


In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.



Research Handbook On Marine Insurance Law


Research Handbook On Marine Insurance Law
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Author : Özlem Gürses
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14

Research Handbook On Marine Insurance Law written by Özlem Gürses and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.


This erudite Research Handbook presents in-depth analyses on marine insurance law, exploring its fundamental issues, legal conflicts and the ways in which technology has changed the marine insurance landscape. Bringing together a vast array of expert legal scholars and practitioners, this book adeptly relates marine insurance to international trade, cyber insurance and pandemic exclusions.