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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.
Sommario
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.
Info autore
Professor Monika Wałachowska is Associate Professor at Nicolaus Copernicus University's Department of Insurance and Medical Law in Toruń. She is a vice-Rector of Nicolaus Copernicus University. She is a member of AIDA Poland, as well as European Law Institute and European Association of Private International Law.
Professor Mariusz Fras is Associate Professor specializing in Private Law at the Faculty of Law and Administration, at the University of Silesia in Katowice, Poland. He is a practicing attorney-at-law. He is also a member of AIDA-Poland.
Professor Pierpaolo Marano is Associate Professor at the Faculty of Economics, Management and Accounting of the University of Malta, the Faculty of Economics at Catholic University of the Sacred Heart in Milan, Italy, and a Full Professor at the Faculty of Business, Management and Economics at the University of Latvia, Riga.
