Data Profiling and Insurance Law

Author: Brendan McGurk
Publisher: Hart Publishing
ISBN: 9781509945412
Published In: November 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This timely, expertly written monograph looks at the legal impact that the use of ‘Big Data’ will have on the provision - and substantive law of - insurance. Insurance companies are some of the biggest consumers of Big Data profiling and are increasingly using that data in deciding whether to offer cover to individual potential insureds or not.

More particularly, the book explores how insurers (i) gain access to information relevant to assessing risk and/or the pricing of premium; (ii) the impact which that increased information will have on substantive insurance law (and in particular duties of good faith disclosure and fair presentation of risk); and (iii) the impact that insurers’ new knowledge may have on individual or group access to insurance and the legal means by which the refusal of cover might be challenged.

Written by a top expert in the field, this book will both stimulate further debate and operate as a reference text for academics and practitioners who are faced with emerging legal problems arising from the increasing opportunities which Big Data offers to business.
Introduction
I. Scope and Structure of the Book
II. Big Data's Impact on Insurance
III. Information Asymmetries and Principles of Insurance Law
IV. Remedies for Insurers' Misuse of Big Data
V. Relationship between Social Change and Legal Principle

PART I
BIG DATA'S IMPACT ON THE PROVISION AND REGULATION OF INSURANCE
1. Big Data and Predictive Analytics
I. Big Data: Definition and Techniques
II. The Nature, Collection, Sources and Aggregation of Data
III. How Big Data is Transforming Insurance Business
IV. Conclusions
2. Regulatory Assessment of the Use of Big Data by Insurers
I. Regulatory Assessment by UK Regulators
II. Regulatory Assessment by EU Regulators
III. Conclusions
3. Emerging Themes and Issues
I. Transparency and Privacy Concerns
II. Information Asymmetries, Adverse Selection and Segmentation of Risk Pools
III. Access to Insurance
IV. Conclusions

PART II
BIG DATA AND THE PRINCIPLES OF INSURANCE LAW
4. Big Data and the Permissible Constraints on the Scope of Cover
I. Terms of Insurance Contracts
II. General Constraints on Policy Terms
III. Constraints in Relation to Specific Classes of Risk
IV. Conclusions
5. Good Faith and Duties of Disclosure in Insurance Law
I. Duties of Disclosure in English Contract Law
II. The Good Faith Duty of Disclosure in Insurance Law
III. Legislative Reform
IV. Conclusions

PART III
THE IMPACT OF REGULATORY LAW ON INSURANCE LAW
6. Regulatory Constraints on the Collection and Use of Data
I. Financial Services Regulation
II. Regulation of Insurance – The Insurance Distribution Directive
III. Data Protection Regulation
IV. Conclusions
7. Impact of Regulatory Duties on the Content of the Duty of Good Faith
I. Deficiencies in the Good Faith Duty of Disclosure
II. Does the GDPR's Application to Insurers Address the Common Law's Deficiencies?
III. Can the Good Faith Duty of Disclosure Evolve by Analogy with the GDPR?
IV. The Evolution of the Common Law Duty of Disclosure on Insurers
V. Conclusions

PART IV
REMEDIES
8. Remedies for Insurers' Misuse of Data
I. Financial Services Remedies
II. Consumer Law Remedies
III. Equality and Anti-Discrimination Remedies
IV. Competition Law Remedies
V. Data Law Remedies
VI. Insurance Law Remedies at Common Law

PART V
CONCLUSIONS
9. Conclusions
I. Summary of the Argument
II. Detailed Conclusions
III. The Future of Insurance in the Big Data Age