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 :
language : en
Publisher:
Release Date : 2019
Transparency In 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 2019 with Insurance 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.
Transparency In Insurance Contract Law
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Author : Pierpaolo Marano
language : en
Publisher: Springer
Release Date : 2021-08-26
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 2021-08-26 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 Regulation And Supervisory Law
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2021-03-30
Transparency In Insurance Regulation And Supervisory 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 2021-03-30 with Law categories.
This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. All chapters were written by experts in their respective fields, who address transparency in a wide range of European and non-European jurisdictions. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.
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.
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.
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 Distribution Directive
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Author : Pierpaolo Marano
language : en
Publisher: Springer Nature
Release Date : 2021
Insurance Distribution Directive 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 2021 with Bank marketing categories.
This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--
Informed Insurance Choice
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Author : Leander D. Loacker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-04-30
Informed Insurance Choice written by Leander D. Loacker 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 2015-04-30 with Law categories.
The direction and clarity of the author's argument is commendably clear. Thus it is clear at the outset that he is mainly concerned with pre-contractual information duties as they affect consumers, and thus standard form contracts¢although, he argu
The Insurance And Reinsurance Law Review
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Author : Peter Rogan
language : en
Publisher:
Release Date : 2021
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 2021 with Insurance law categories.