By Francesco Seatzu
This publication presents a much-needed research of this vitally important topic for foreign enterprise legal professionals, together with dialogue of the jurisdictional and selection of legislation concerns coming up from cross-border contracts of coverage and reinsurance concluded by means of digital skill. This publication is the 1st released in England to commit itself to a close research of the alternative of legislation ideas within the E.C. coverage Directives. the non-public foreign legislations ideas of the E.C. coverage Directives take care of the appropriate legislation to coverage contracts masking hazards located in the european. they don't care for the acceptable legislation to reinsurance contracts and coverage contracts overlaying dangers positioned outdoors the european. this could be ascertained by means of connection with the alternative of legislation provisions within the 1980 Rome conference at the legislations acceptable to contractual duties. precise dialogue of those ideas is additionally supplied, and suggestions for reform are urged.
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Additional info for Insurance in Private International Law: A European Perspective
This distinction, which closely followed the pattern of the Non Life Insurance Directive, aims to separate assureds who need protection and those who do not. The Directive states that a policyholder is to be considered as having taken the initiative in two circumstances: i) where the contract was concluded in the insurer’s home state or by each of the parties in their own home states and there had been no prior contact between the policyholder and the insurer or his agent in the Member State in which the policyholder resides, by means of advertising or any form of approach to the policyholder personally; ii) where the policyholder approaches an independent intermediary to request information or to obtain a policy from an insurer established in another Member State and had signed a statement requesting such information.
Alongside the right of establishment and the right to provide services the Treaty of Rome provides a duty of harmonisation. Article 3(h) of the Treaty of Rome provides for ‘the approximation of laws of Member States to the extent required for the proper functioning of the Common Market’. 8 Article 51, paragraph 2 (ex Article 61) of the Treaty of Rome is also of importance for the European insurance market. It provides that the liberalisation of insurance services connected with the movement of capital is to be realised in step with the progressive liberalisation of the movement of capital.
It provides that the liberalisation of insurance services connected with the movement of capital is to be realised in step with the progressive liberalisation of the movement of capital. 5 See Craig and de Búrca, EU Law (Oxford, Oxford University Press, 1998) 1124 seq. Case 120/78  ECR 649, (1979) 3 CMLR 494. For commentaries see Masclet (1981) Revue Trimestrelle de Droit Européen pp 611–30; Capelli (1981) Revue Marché Commun 421–35; Dashwood (1981) European Law Review 268. 7 For a clear illustration of this point see Weatherill and Beaumont, EU Law (London, Penguin, 1999) 565 et seq.
Insurance in Private International Law: A European Perspective by Francesco Seatzu