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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.
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.
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.
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.
Revisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.
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.
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.