The Law Of Insurance Intermediaries

Of benefit or interest to: Lawyers, Insurance companies, agents and brokers, Academics and students, Libraries.

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). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--

A looseleaf volume which provides insurance intermediaries, their legal advisers and insurers with up-to-date information on the cases, legislation and supervision relating to all aspects of the intermediary's function. Intermediaries are subject to ever-increasing and constantly changing regulations. Domestic legislation, new EC directives and the continual updating of rules by individual Self Regulatory Organisations (SROs) and Recognised Professional Bodies (RPSs) all contribute to this situation. Separate sections of this volume detail various regimes for the supervision of the intermediary's role, for example the Insurance Brokers' Registration Council, LAUTRO, FIMBRA, Lloyd's and the Securities and Investment Board.

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.

The Compendium of Insurance Law consolidates diverse insurance law sources, statutes and codes of practice in one comprehensive volume. Each piece of legislation is supplemented by detailed annotations, which explain the operation and relationship of the legislation with other sources of insurance law. The book is filled with comprehensive coverage of legislation relating to the following areas: regulation, reinsurance, life assurance, property insurance, marine insurance, liability insurance, motor insurance, insurance intermediaries, insurance contracts and competition.