AIDA Europe Research Series on Insurance Law and Regulation – serie

This Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots.

This Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots.

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.

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.

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD).

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD).

This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.

This volume focuses on transparency as the guiding principle for insurance regulation and supervisory law. While the European jurisdictions reflect different facets of the principle as emerging from EU law on insurance, the principle has developed quite differently in other jurisdictions.

This volume examines the impact of and interplay between human rights and insurance.  National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’).  The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.

This volume examines the impact of and interplay between human rights and insurance.  National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’).  The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law.

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law.

This book offers a novel study on the impact of the Covid-19 pandemic on insurance from an international and comparative perspective. It assesses how insurance has to adapt to a new landscape, the effects of which will last over time and cut across all areas of the field. To avoid physical contact, digitalisation has accelerated dramatically, affecting insurance in all its phases: risk selection, underwriting, pricing and claims settlement. However, the effects of the Covid-19 pandemic go far beyond that. The extent to which a claim caused directly or indirectly by the virus is or is not covered by a given policy has been the subject of debate in many insurance branches. The most litigated cases worldwide are those that concern damages resulting from business interruption due to restrictions enforced by the authorities in virtually every country. This book analyses the rulings (for and against the insured) that have already been handed down by courts in various jurisdictions (for example in the US, Latin America, Spain and Germany), in order to provide guidance to the parties in future lawsuits and also to guide the courts’ own responses. This analysis extends to the measures that governments have taken in relation to insurance during the pandemic, as well as the changes that insurers have introduced in their general conditions to exclude coverage for the pandemic. This response is unsatisfactory, as the big question is how pandemic-related risks can be covered if private insurers simply refuse to do so. Solutions based on risk sharing with public entities or the use of contractual modalities such as parametric insurance are among those outlined by the authors.The book was written by experts from academia and lawyers specialising in this field, and written for all those interested in the field of insurance: lawyers, judges, academics and legal professionals.

This book offers a novel study on the impact of the Covid-19 pandemic on insurance from an international and comparative perspective. It assesses how insurance has to adapt to a new landscape, the effects of which will last over time and cut across all areas of the field. To avoid physical contact, digitalisation has accelerated dramatically, affecting insurance in all its phases: risk selection, underwriting, pricing and claims settlement. However, the effects of the Covid-19 pandemic go far beyond that. The extent to which a claim caused directly or indirectly by the virus is or is not covered by a given policy has been the subject of debate in many insurance branches. The most litigated cases worldwide are those that concern damages resulting from business interruption due to restrictions enforced by the authorities in virtually every country. This book analyses the rulings (for and against the insured) that have already been handed down by courts in various jurisdictions (for example in the US, Latin America, Spain and Germany), in order to provide guidance to the parties in future lawsuits and also to guide the courts’ own responses. This analysis extends to the measures that governments have taken in relation to insurance during the pandemic, as well as the changes that insurers have introduced in their general conditions to exclude coverage for the pandemic. This response is unsatisfactory, as the big question is how pandemic-related risks can be covered if private insurers simply refuse to do so. Solutions based on risk sharing with public entities or the use of contractual modalities such as parametric insurance are among those outlined by the authors.The book was written by experts from academia and lawyers specialising in this field, and written for all those interested in the field of insurance: lawyers, judges, academics and legal professionals.

This book explores the insurance sector’s potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers’ transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients’ operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations.This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry’s socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.

This book explores the insurance sector’s potential role, influence, and impact on society in light of new environmental, social, and governance (ESG) concerns. Furthermore, it looks into how financial and technological innovations help reshape insurance regulation and business models. Unlike their predecessors, 21st century insurers have a growing impact on cross-sector service provision by making available to their clients a wealth of expert knowledge and experience in data analytics. The book delves into insurers’ transition from suppliers of products – consisting of risk coverage or investment opportunities – to providers of various services, and ultimately to solution providers by partnering with their clients so as to prevent failure, optimize their clients’ operations and help them excel in their economic sector. Insurance regulations and policies can be affected by various factors, such as changes in the economy, technological advances, and shifting consumer preferences, to name a few. Additionally, the insurance industry can have a significant bearing on the wider economy, making it important for the industry to operate within a framework of comprehensive regulations.This book includes a diverse set of theoretical, empirical, and policy-oriented chapters on particular aspects of new trends and wider analyses leading to a more systematic understanding of the industry’s socio-economic role. It offers a mixture of chapters from insurance academics and professionals from different countries, cultures, and scientific backgrounds. The methodologies used are diverse, including legal, sociological, historical, economic and financial as well as interdisciplinary analyses. The book has a global scope, including chapters of a more global nature and others addressing particular jurisdictions on different continents, including Europe, Asia and North America.

This book identifies the role of insurance in a comprehensive system for managing environmental risks at the local, regional and global level. National and international legal instruments regulating environmental protection, especially aspects like pollution, are not precisely reflected in insurance concepts intended to cover environmental risks. As such, there is a need to identify environmental risks and to propose a taxonomy of environmental risks for various types of insurance coverage. The authors refer to the issues of liability in environmental protection, the scope of insurance coverage and comment on specific issues the importance of which has been noticed by the legislator or insurance practice. The book examines these issues horizontally and vertically from various standpoints, focusing on insurance as a means of managing environmental risks. In this regard, it mainly concentrates on (1) identifying and analyzing environmental risks and methods for managing them via private and public instruments, and (2) insuring these risks. The book is intended for all those interested in the field of insurance and environmental risk regimes, including lawyers, academics and legal professionals.

This book identifies the role of insurance in a comprehensive system for managing environmental risks at the local, regional and global level. National and international legal instruments regulating environmental protection, especially aspects like pollution, are not precisely reflected in insurance concepts intended to cover environmental risks. As such, there is a need to identify environmental risks and to propose a taxonomy of environmental risks for various types of insurance coverage. The authors refer to the issues of liability in environmental protection, the scope of insurance coverage and comment on specific issues the importance of which has been noticed by the legislator or insurance practice. The book examines these issues horizontally and vertically from various standpoints, focusing on insurance as a means of managing environmental risks. In this regard, it mainly concentrates on (1) identifying and analyzing environmental risks and methods for managing them via private and public instruments, and (2) insuring these risks. The book is intended for all those interested in the field of insurance and environmental risk regimes, including lawyers, academics and legal professionals.

This open access book focuses on the regulatory framework for the sustainability of the insurance market. Finally, the book turns to sustainability and insurance products, addressing agricultural insurance systems and pensions. The book is aimed at academics, policymakers, and professionals in the insurance sector.

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.

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.

This book explores the scope of host states’ sovereign powers and the rights of foreign investors. Investors from developed countries engage in business with developing countries for various purposes, including political reasons, expanding and diversifying their operations, accessing essential natural resources and skilled labor forces, lowering their production costs, and in some cases, even mitigating global warming. Correspondingly, in order to attract foreign investment, host countries can provide incentives or make concessions. However, once the investment has been made, these ventures are vulnerable to the actions of the host state.Political risk insurance, as the name suggests, serves to protect investments made in foreign countries where the sovereigns are more likely to interfere in the business activities of foreign investors.This book offers a comprehensive understanding of the general mechanics of each main type of political risk, the entities responsible for these risks, insurers, their unions, and the subrogation process. Bridging the fields of investment law, insurance law, and international law, it offers valuable insights from both practical and academic perspectives.

This book offers an in-depth analysis of the principle of proportionality in the EU insurance regulatory regime. It takes a critical look at how proportionality has been implemented in Solvency II and tests its effectiveness on captive (re)insurance undertakings. Given their unique business model, captives are considered the primary beneficiary of proportionality and therefore offer the perfect ‘litmus test’ for the principle’s effectiveness.In a world characterized by overregulation and increasingly complex financial markets, governments and policymakers face the challenge of regulating markets without hindering their growth. As ‘one-size-fits-all’ approaches have long-since been recognized as detrimental, the EU is seeking to develop a regulatory technique which allows more individual regulatory treatment while ensuring a level playing field.The first revolutionary step towards this goal was taken in Solvency II (Directive 2009/138/EC), which introduced a principle of proportionality to the EU insurance market. The principle is a unique tool which makes it possible to adjust the requirements of the Solvency II framework to the nature, scale, and complexity of each individual insurance undertaking’s risk profile. It is intended to help remove an unnecessary regulatory burden for insurance undertakings, and to prevent the proliferation of regulations in general. However, the practical implementation of proportionality is not without its share of obstacles. The principle’s generic nature and the lack of guidance have caused a great deal of confusion regarding its practical application and prevented insurance undertakings from using its benefits to the fullest. Consequently, the principle of proportionality has been subject to revision within the first Solvency II review process.The book will benefit captive owners, captive managers, regulators, supervisors, practitioners, academics, students and, more generally, all those involved with or interested in the insurance market.

This edited volume examines how recent technological innovations are transforming European insurance law, focusing on critical issues such as transparency, information duties, fairness, and the regulation of insurance contracts for both professional and private policyholders. While new business models, like digital platforms and robo-advisory services, are rapidly emerging, European law has yet to provide a sufficiently tailored regulatory response. The current sectoral framework, notably Directive (EU) 2016/97 on insurance distribution (IDD), offers a general, principle-based approach, but lacks the specificity needed to effectively address innovative digital insurance distribution models. In parallel, broader regulatory initiatives such as the EU Artificial Intelligence Act (EU AI Act) and the Digital Services Act (DSA) are poised to reshape the digital insurance ecosystem. The EU AI Act introduces horizontal rules governing AI systems, including those used in automated underwriting, risk profiling, and robo-advisory services, thereby directly affecting the design and accountability of algorithmic tools in insurance distribution, especially those deemed high-risk. The DSA imposes new responsibilities on digital platforms, with potential implications for InsurTech firms acting as intermediaries or aggregators. Additionally, there is ongoing uncertainty as to whether existing consumer protection instrument, such as the Unfair Contract Terms Directive (93/13/EEC), the Unfair Commercial Practices Directive (2005/29/EC), and the Omnibus Directive (2019/2161/EC), are sufficient to address the novel risks and challenges posed by digital insurance services. Meanwhile, regulatory guidance from supervisory bodies such as EIOPA and national authorities is increasingly addressing InsurTech-related legal questions in a more targeted manner. By providing a normative and comparative legal analysis, this volume addresses a significant gap in current scholarship. It calls on legal scholars and insurance experts to reassess the role of technology in shaping EU insurance law and to reflect on whether the regulatory principle of technological neutrality remains viable. Ultimately, the book argues for an integrated regulatory approach that aligns socio-technical governance with the specific demands of insurance law, ensuring effective consumer protection in an increasingly digital landscape.

This open access book offers a forward-looking analysis of how digital disruption and cross-border dynamics are reshaping insurance law. Further, it shares legal and regulatory insights into the challenges posed by new technologies and evolving market structures. The first section explores digital realities—from insurance in the metaverse and robo-advisers to blockchain-based duties and the role of copyright law in digital distribution. In turn, the second section discusses jurisdictional and cross-border issues, including barriers to life insurance passporting, fairness in group insurance, broker cooperation, and the influence of EU soft law on national markets. These topics are highly relevant, as they reflect the real-world pressures on legal systems to adapt to innovation while maintaining fairness, accountability, and coherence.The book addresses the regulatory and legal gaps emerging from this transformation, helping readers navigate the resulting complexities and uncertainties. Given its scope, it will be of interest to legal scholars, regulators, practitioners, and advanced students in the fields of insurance law, financial regulation, and digital governance.