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Insurance in Private International Law: Insurance and Reinsurance in Private International Law, Jurisdiction and Applicable Law

Edited by Monika Wałachowska · Mariusz Fras · Pierpaolo Marano
Springer-Verlag December 2024

Specifications

ISBN-13
9783031745102
Publisher
Springer-Verlag
Publication
December 2024
Format
Hardback
Jurisdiction
Germany ? Countri(es) for reference only

Details

This book provides a comprehensive analysis of jurisdiction and law applicable in cross-border insurance matters. The first book to address cross-border insurance cases from the perspective of European Union regulations, international conventions, and national laws applicable to insurance and insurance-related issues, it explores the concept of cross-border insurance issues and specific institutions related to insurance matters. In the process, it covers both classic private international law matters and specific issues, such as autonomous vehicles in cross-border cases, new technologies, and the Insurance Distribution Directive (IDD).

Given its focus, the book offers a valuable asset for academics, judges, legal practitioners and insurance companies, and other institutions frequently dealing with cross-border insurance matters.

  • Provides a comprehensive analysis of the rapidly growing and functioning cross-border insurance market
  • Covers cross-border insurance cases from the perspective of international law, European Union law and national laws
  • Addresses classic private international law matters as well as new technologies

Table of Contents

Part I: Jurisdiction and Applicable Law in Cross-Border Insurance Disputes
The EU Regulations on Jurisdiction and Applicable Law in Cross-Border Insurance Disputes and their Interaction

Part II: Law applicable to insurance matters according to Rome I Regulation (and national laws)
Law applicable to large risks insurance contracts
Article 7(3) Rome I Regulation and the Law Applicable to Non-Life Mass Risk Insurance Contracts: A Critical Appraisal (excluding life insurance)
Private international law of group insurance: The impact of recent CJEU case law
Compulsory insurance in private international law
Life insurance contracts in private international law
Overriding mandatory rules in international insurance
Law applicable to the insurance recourse

Part III: Jurisdiction in matters relating to insurance
Jurisdiction under article 11 of the Brussels I bis Regulation
Grounds of jurisdiction for liability insurance contracts
Jurisdiction based upon uncontested appearance in insurance matters
The action of the insurer brought against the weaker party
Choice of Court Agreements in insurance contracts

Part IV: Reinsurance
Reinsurance in private international law

Part V Actio directa
Actio directa in international jurisdiction and applicable law in private international law

Part VI: IDD and private international law
Private international law of insurance intermediation and the IDD
Civil liability of insurers in the cross-border context

Part VII: Space Insurance
Private international law and space insurance

Part VIII: Semi-Automated and Automated Vehicles
Semi-Automated and Automated Vehicles Insurance, and Private International Law

Part IX: Recourse Claim
The recourse claim of the Polish compensation body in cases of uninsured vehicles - analysis of its nature and scope in the light of private international law
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