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Transparency in Insurance Contract Law

Transparency in Insurance Contract Law

Author: Pierpaolo Marano; Kyriaki Noussia
Publisher: Springer-Verlag
ISBN: 9783030311971

Published In: March 2020
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9783030312008

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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.

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