Insurance Law

Informed Insurance Choice? The Insurer's Pre-contractual Information Duties in General Consumer Insurance

By Leander D. Loacker
Edward Elgar Publishing April 2015

Specifications

ISBN-13
9781784717513
Publisher
Edward Elgar Publishing
Publication
April 2015
Format
Hardback , 360 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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 argues, individualised information duties, will have a significantly more important part to play in the future, and he gives some consideration to these.

Enabling informed choices with regards to mass risk insurance is an aim pursued for decades now at both the national and European level. This book explores the extent to which the imposing of disclosure duties on the insurer may actually contribute to this end and where it inevitably reaches limits.

Convinced that information problems cannot be solved by exclusively focusing on their legal dimension, the author provides the reader with a helpful overview of economic and behaviour-orientated insights to the book's subject. Proceeding from these, the existing legal frameworks in the UK and Germany are critically analysed and compared to more recent academic proposals for a future European insurance contract law. All of this is continuously supplemented by specific proposals for improvement.

This inspiring book will be of use to scholars dealing with financial law and general questions of information policy. Insurance companies and lawyers dealing with cases first-hand will also find this to be a resourceful read.

Table of Contents

Contents: Foreword by Malcolm A Clarke 1. Overview and Introduction 2. About Information and its Disclosure in General 3. Legal Basis for and Scope of Insurer's 4. A Conclusion in Eight Final Observations Index

About the Author

Leander D. Loacker, Senior Lecturer, Faculty of Law, University of Zurich, Switzerland

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