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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.

Insurance law. --- Insurance --- Law, Insurance --- Commercial law --- Contracts, Aleatory --- Law and legislation --- State supervision --- Private international law. --- Conflict of laws. --- Insurance. --- International law. --- Trade. --- Contracts. --- Commercial law. --- Private International Law, International & Foreign Law, Comparative Law . --- European Economic Law. --- International Economic Law, Trade Law. --- Common Contract Law. --- Commercial Law. --- European Economic Community countries. --- Assurance (Insurance) --- Coverage, Insurance --- Indemnity insurance --- Insurance coverage --- Insurance industry --- Insurance protection --- Mutual insurance --- Underwriting --- Finance --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Agreements --- Contract law --- Contracts --- Contractual limitations --- Limitations, Contractual --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Law of nations --- Nations, Law of --- Public international law --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law merchant --- Maritime law --- Civil law --- Assegurances --- Finances privades --- Dret mercantil --- Codi de comerç --- Dret comercial --- Legislació comercial --- Legislació mercantil --- Dret empresarial --- Administradors judicials --- Agència (Dret) --- Aportacions dels socis --- Arbitratge i laude --- Arrendadors i arrendataris --- Béns immobles --- Béns mobles --- Cessió de béns --- Cobrament de comptes --- Compravenda --- Comptes corrents --- Contractes --- Control de canvis --- Deute --- Deutor i creditor --- Documents negociables --- Dret alimentari --- Dret bancari --- Dret canviari --- Dret concursal --- Dret de la competència --- Dret de societats --- Embargament --- Fallida --- Fiança --- Jurisprudència mercantil --- Marques de fàbrica --- Pagament --- Noms comercials --- Registre mercantil --- Responsabilitat limitada --- Seguretat (Dret) --- Societats regulars col·lectives --- Tribunals de comerç --- Venda a terminis --- Dret marítim --- Finances personals --- Finances --- Estalvi --- Economia domèstica --- Sobreendeutament --- Assegurances aèries --- Assegurances col·lectives --- Assegurances contra els riscs de guerra --- Assegurances d'accidents --- Assegurances d'automòbils --- Assegurances d'incendis --- Assegurances d'invalidesa --- Assegurances de crèdit --- Assegurances de l'empresa --- Assegurances de malaltia --- Assegurances de mercaderies --- Assegurances de responsabilitat civil --- Assegurances de viatgers --- Assegurances de vida --- Assegurances marítimes --- Companyies d'assegurances --- Gestió del risc --- Primes (Assegurances) --- Reassegurances --- Agents d'assegurances --- Risc (Assegurances) --- Usura (Dret) --- Comparative law. --- Financial services industry. --- European Economic Community. --- Trade regulation. --- Common law. --- Private International Law, International and Foreign Law, Comparative Law. --- Financial Services. --- Services, Financial --- Service industries --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Anglo-American law --- Law, Anglo-American --- Customary law --- Regulation of trade --- Regulatory reform --- Trade regulation --- Consumer protection --- Deregulation