The following Dispute Resolution guidance note Produced in partnership with Mark Pring of Reed Smith LLP provides comprehensive and up to date legal information covering:
This Practice Note looks at the insurance contract provisions in Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose, escapes routes and EU Member State derogation. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Regulation (EC) No 593/2008, Rome I or Regulation (EC) No 864/2007, Rome II applies when dealing with vehicle accidents or third party rights against insurers is explored.
The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for the practitioners considering which applicable law to apply when determining a dispute. For guidance, see Practice Note: Brexit—applicable law.
The extent to which insurance contracts were covered under the Rome Convention was very limited; they were instead governed by various EU insurance directives.
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Regulation (EC) No 593/2008, Rome
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