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Principles Of European Insurance Contract Law Peicl


Principles Of European Insurance Contract Law Peicl
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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 Family & Relationships 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.



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 A Model Optional Instrument


Principles Of European Insurance Contract Law A Model Optional Instrument
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Author : Project Group Restatement of European Insurance Contract Law
language : en
Publisher: Walter de Gruyter
Release Date : 2011-05-31

Principles Of European Insurance Contract Law A Model Optional Instrument written by Project Group Restatement of European Insurance Contract Law and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-31 with Law categories.


Following the publication of the Principles of European Insurance Contract Law (PEICL) in 2009, there has been significant political and academic discussion on their possible use as an optional instrument. Experts' views on this topic were exchanged at a conference held in Vienna in January 2010. The distinguished speakers represented European politics, legal science, insurance industry, insurance intermediaries and consumers. These independent experts, who were not involved in drafting the PEICL, presented their critical, unbiased opinions on the project. This volume presents the proceedings of the Vienna conference. It also includes a postscript in commemoration of the late Professor Dr. Fritz Reichert-Facilides, whose visionary ideas led to the creation of the Project Group "Restatement of European Insurance Contract Law" and to the drafting of the PEICL.



Causation In Insurance Contract Law


Causation In Insurance Contract Law
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Author : Meixian Song
language : en
Publisher: CRC Press
Release Date : 2014-06-27

Causation In Insurance Contract Law written by Meixian Song and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-27 with Law categories.


Causation is a crucial and complex issue in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Therefore, this unique book will assist practitioners in answering one of the most important questions in the handling of their insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Causation in Insurance Contract Law also comes with a foreword written by Professor Robert Merkin. This book will be an invaluable guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.



Compulsory Liability Insurance From A European Perspective


Compulsory Liability Insurance From A European Perspective
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Author : Attila Fenyves
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2016-09-26

Compulsory Liability Insurance From A European Perspective written by Attila Fenyves and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-26 with Law categories.


Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems



The Principles Of European Insurance Contract Law Peicl And Their Application To Insurance Contracts For Large Risks


The Principles Of European Insurance Contract Law Peicl And Their Application To Insurance Contracts For Large Risks
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Author : Monika Stahl
language : en
Publisher:
Release Date : 2013

The Principles Of European Insurance Contract Law Peicl And Their Application To Insurance Contracts For Large Risks written by Monika Stahl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.




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 : 2023-12-11

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 2023-12-11 with Law categories.


This thoroughly revised second edition of the Research Handbook on International Insurance Law and Regulation provides an updated assessment of the insurance industry in an international context, featuring 30 chapters, of which half are new for this edition, written by expert academics and practising lawyers.



Insurtech A Legal And Regulatory View


Insurtech A Legal And Regulatory View
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2019-12-05

Insurtech A Legal And Regulatory View 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 2019-12-05 with Law categories.


This Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. There is a proliferation of ideas and concepts within InsurTech that will fundamentally change the market in the next few years. These innovations have the potential to change the way the insurance industry works and alter the relationships between customers and insurers, resulting in insurance products that are more closely aligned to individual preferences and priced more appropriately to the risk. Increasing use of technology in the insurance sector is having both a disruptive and transformative impact on areas including product development, distribution, modelling, underwriting and claims and administration practice. The result is a new industry, known as InsurTech. But while the insurance market looks to technology for greater efficiency, regulators are beginning to raise concerns about managing potential risks. The first part of the book examines technological innovations relevant for insurance, such as FinTech, InsurTech, Sharing Economy, and the Internet of Things. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots. Last but not least, the fourth part of the book discusses legal and ethical questions regarding autonomous vehicles and transportation, including the shipping industry, as well as their impact on the insurance sector and civil liability. Written by legal scholars and practitioners, the book offers international, comparative and European perspectives. The Chapters "FinTech, InsurTech and the Regulators" by Viktoria Chatzara, "Smart Contracts in Insurance. A Law and Futurology Perspective" by Angelo Borselli and "Room for Compulsory Product Liability Insurance in the European Union for Smart Robots?” by Aysegul Bugra are available open access under a CC BY 4.0 license at link.springer.com. All three open access chapters were funded by BIPAR.



The Principles Of European Insurance Contract Law


The Principles Of European Insurance Contract Law
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Author :
language : en
Publisher:
Release Date : 2010

The Principles Of European Insurance Contract Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.


This note briefly outlines the objectives pursued and the approach adopted by the Project Group on a "Restatement of European Insurance Contract Law". Furthermore, it provides an overview of the structure and content of the Principles of European Insurance Contract Law (PEICL), which present the first fully developed model for an Optional Instrument in Europe. According to the author, the PEICL provide the European legislator with a tool to overcome obstacles to the internal insurance market, which are formed by the often mandatory character of insurance contract law. Lastly, the note assesses which provisions of the Treaty on the Functioning of the European Union could be used as the legal basis for enacting an optional instrument of European Insurance Contract Law.