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Vol 25 No 2 Feb/March 2020

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Transparency in Insurance Contract Law

Edited by: Pierpaolo Marano, Kyriaki Noussia

ISBN13: 9783030311971
Published: March 2020
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £119.99



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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.

Subjects:
Insurance Law
Contents:
Transparency in the Insurance Contract Law of Austria
Wöss, Sebastian
Transparency in the Insurance Contract Law of Croatia
Belanić, Loris (et al.)
Transparency in the Insurance Contract Law of Germany
Wandt, Manfred
Transparency in the Insurance Contract Law of Greece
Chrissanthis, Christos S.
Transparency in the Insurance Contract Law of Italy
Landini, Sara
Transparency in the Insurance Contract Law in the Netherlands
Luzak, Joasia
Transparency in the Insurance Contract Law of Poland
Malinowska, Katarzyna (et al.)
Transparency in the Insurance Contract Law of Portugal
Rego, Margarida Lima
Transparency in the Insurance Contract Law of Spain
Lara, Rafael
Transparency in the Insurance Contract Law of Sweden
Sluijs, Jessika
Transparency in the Insurance Contract Law: A Comparative Analysis Between the Principles of European Insurance Contract Law (PEICL) and Selected European Legal Regimes
Ostrowska, Marta
Transparency in the Insurance Contract Law of Chile
Ríos Ossa, Roberto
Transparency in the Insurance Contract Law of China
Jing, Zhen
Transparency in the Insurance Contract Law of Colombia
Herrera Díaz, Rebeca
Transparency in the Insurance Contract Law of Georgia
Iremashvili, Ketevan
Transparency in the Insurance Contract Law of Japan
Koezuka, Tadao
Transparency in the Insurance Contract Law of Peru
Núñez del Prado Simons, Alonso
Transparency in the Insurance Contract Law of Russia
Vladimirovich, Zubarev Leonid
Transparency in the Insurance Contract Law of Turkey
Aras, Ecehan Yesilova
Transparency in the Insurance Contract Law of the Western Balkans
Filipović, Nikola
Comparative Analysis of Transparency in the Insurance Contract Law of Colombia, Chile, Peru, and Spain
Lara, Rafael (et al.)
Comparative Analysis of Transparency in Insurance Law in the Civil/Continental Law Jurisdictions
Noussia, Kyriaki
Transparency in the Insurance Contract Law of Australia
Bowley, Robin
Transparency in the Insurance Contract Law of England
Noussia, Kyriaki
Transparency in the Insurance Contract Law of Israel
Sharon, Peggy
Transparency of the Insurance Contract Law of Singapore
Chen, Christopher
Transparency in the Insurance Contract Law of South Africa
Kuschke, Birgit (et al.)
Transparency in the Insurance Contract Law in the United States
Abramovsky, Aviva (et al.)
Comparative Analysis of Transparency in the Insurance Contract Law of the Common Law Jurisdictions
Noussia, Kyriaki