Full Description
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.
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 art. 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.
