Transparency In Insurance Contract Law
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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.
Transparency In Insurance Contract Law
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Author : Pierpaolo Marano
language : en
Publisher: Springer
Release Date : 2020-02-10
Transparency In Insurance Contract Law written by Pierpaolo Marano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-10 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
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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.
Insurable Interest And The Law
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Author : Franziska Arnold-Dwyer
language : en
Publisher: Routledge
Release Date : 2020-04-28
Insurable Interest And The Law written by Franziska Arnold-Dwyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-28 with Business & Economics categories.
This book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest – a combination of statutes and case law – has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine – the policy against wagering, the prevention of moral hazard and the doctrine’s relationship with the indemnity principle – still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law.
Insurance Contract Law
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Author : Robert M. Merkin
language : en
Publisher:
Release Date : 1988
Insurance Contract Law written by Robert M. Merkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Insurance policies categories.
The Insurance And Reinsurance Law Review
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Author : Peter Rogan
language : en
Publisher:
Release Date : 2014
The Insurance And Reinsurance Law Review written by Peter Rogan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Insurance law categories.
Reforming Marine And Commercial Insurance Law
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Author : Baris Soyer
language : en
Publisher: Taylor & Francis
Release Date : 2020-10-28
Reforming Marine And Commercial Insurance Law written by Baris Soyer and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-28 with Law categories.
With reform of warranties, utmost good faith and insurable interest underway, Reforming Marine and Commercial Insurance Law provides a timely and essential analysis of this changing area of marine insurance law. The entire insurance sector is observing and participating in the reform process and this wide interest is reflected in the diversity of extremely high quality contributions to this book. This book evaluates the legal and practical implications of the proposals on commercial and marine insurance contracts. The contributors, from legal practice, the insurance sector, the judiciary and academia, comment critically on the proposals and discuss the viability and future of the reform process.
Mann S Annotated Insurance Contracts Act
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Author : Thomson Reuters Staff
language : en
Publisher: Lawbook Company
Release Date : 2014
Mann S Annotated Insurance Contracts Act written by Thomson Reuters Staff and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Insurance agents categories.
Mann's Annotated Insurance Contracts Act is the leading Australian work on the Insurance Contracts Act 1984 (Cth), a key legislative instrument governing Insurance Law in Australia. Providing a practical guide to the Insurance Contracts Act with annotations which discuss and analyse the provisions of this Act, this work is an essential resource for insurance lawyers, insurance professionals, academics and students.
Marine Insurance Fraud
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Author : Baris Soyer
language : en
Publisher: CRC Press
Release Date : 2014-07-25
Marine Insurance Fraud written by Baris Soyer and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-25 with Law categories.
This book provides a comprehensive and coherent legal analysis of the impact of fraud on the position of various parties to a marine insurance contract, as well as the cover provided by standard marine policies. The issues under discussion in this invaluable guide are also equally relevant in the context of non-marine insurance contracts. Helpfully divided into two parts; the first part deals with the impact of fraud committed by parties to an insurance contract i.e. the assured, brokers and insurers.The second part analyses the extent to which standard marine policies cover the fraudulent and dishonest activity of third parties to an insurance contract. This book will be of huge practical assistant to practitioners specialising in marine insurance as well as insurance generally, and to professionals, academics and post-graduate students.