This course will examine insurance contract law - including the basics of insurance techniques - on a comparative basis. It will focus on the different legal systems of the EU's Member States including the common law system and harmonization within the EU.
The first part will give a general introduction into Insurance Contract Law and into the several insurance contracts and their wordings. It will also cover the specialities of property, liability, life, disability, accident and health insurance. The second part will deal with the activities of insurance agents and brokers. The third part will consist of a description of the particular requirements of extra contractual obligations between Insured and Insurer, focusing upon the duty of utmost good faith owed between the parties. In that context, an analysis of the Marine Insurance Act and English case law will be provided.
The course will also describe the peculiarities of insurance contract law focusing on the classification of terms, the attitude of English courts to draconian remedies incorporated into English insurance wordings and particular requirements of facultative reinsurance.
Dr. Jens Gal