HERMES-Catalog

Transparency in Insurance Contract Law / edited by Pierpaolo Marano, Kyriaki Noussia
(AIDA Europe Research Series on Insurance Law and Regulation. ISSN:26621789 ; 2)

Publisher	(Cham : Springer International Publishing : Imprint: Springer)
Year	2019
Edition	1st ed. 2019.
Authors	Marano, Pierpaolo editor Noussia, Kyriaki editor SpringerLink (Online service)

Hide book details.

Links to the text	Location	Volume	Call No.	Barcode No.	Status	Comments	ISBN	Printed	Restriction	Reserve
Links to the text	Library Off-campus access			OB00170542		Springer Law and Criminology eBooks (電子ブック)	9783030311988

Hide details.

Material Type	E-Book
Media type	機械可読データファイル
Size	XX, 713 p. 1 illus : online resource
Notes	Part 1. Civil Law: European Union -- Transparency in the Insurance Contract Law of Austria,Transparency in the Insurance Contract Law of Croatia -- Transparency in the Insurance Contract Law of Germany -- Transparency in the Insurance Contract Law of Greece -- Transparency in the Insurance Contract Law of Italy -- Transparency in the Insurance Contract Law in the Netherlands -- Transparency in the Insurance Contract Law of Poland -- Transparency in the Insurance Contract Law of Portugal -- Transparency in the Insurance Contract Law of Spain -- Transparency in the Insurance Contract Law of Sweden -- Transparency in the Insurance Contract Law: A Comparative Analysis Between the Principles of European Insurance Contract Law (PEICL) and Selected European Legal Regimes -- Part II Civil Law: Other Jurisdictions -- Transparency in the Insurance Contract Law of Chile -- Transparency in the Insurance Contract Law of China -- Transparency in the Insurance Contract Law of Colombia -- Transparency in the Insurance Contract Law of Georgia -- Transparency in the Insurance Contract Law of Japan -- Transparency in the Insurance Contract Law of Peru -- Transparency in the Insurance Contract Law of Russia -- Transparency in the Insurance Contract Law of Turkey -- Transparency in the Insurance Contract Law of the Western Balkans -- Comparative Analysis of Transparency in the Insurance Contract Law of Colombia, Chile, Peru, and Spain -- Comparative Analysis of Transparency in Insurance Law in the Civil/Continental Law Jurisdictions -- Part III Common Law -- Transparency in the Insurance Contract Law of Australia -- Transparency in the Insurance Contract Law of England -- Transparency in the Insurance Contract Law of Israel -- Transparency of the Insurance Contract Law of Singapore -- Transparency in the Insurance Contract Law of South Africa -- Transparency in the Insurance Contract Law in the United States -- Comparative Analysis of Transparency in the Insurance Contract Law of the Common Law Jurisdictions 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 HTTP:URL=https://doi.org/10.1007/978-3-030-31198-8
Subjects	LCSH:Private international law LCSH:Conflict of laws LCSH:International law LCSH:Comparative law LCSH:Financial services industry LCSH:Commercial law LCSH:European Economic Community LCSH:Trade regulation LCSH:Contracts LCSH:Common law FREE:Private International Law, International and Foreign Law, Comparative Law FREE:Financial Services FREE:European Economic Law FREE:International Economic Law, Trade Law FREE:Common Contract Law FREE:Commercial Law
Classification	LCC:K7000-7720.22 DC23:340.9
ID	8000067125
ISBN	9783030311988