Rome I—insurance contracts (Art 7)
Produced in partnership with Mark Pring of Reed Smith
Rome I—insurance contracts (Art 7)

The following Dispute Resolution practice note produced in partnership with Mark Pring of Reed Smith provides comprehensive and up to date legal information covering:

  • Rome I—insurance contracts (Art 7)
  • Introduction
  • Definitions
  • Exclusion of reinsurance contracts (art 7(1))
  • Large risk insurance contracts (art 7(2))
  • Freedom of choice
  • Failure of parties to choose governing law
  • Escape route
  • Member State derogation
  • Non-large risk contracts
  • More...

This Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December 2020.

For guidance on the position where the contract was entered into on or after 1 January 2021, see Practice Note: Retained Rome I—insurance contracts (art 7).

For guidance on understanding why different regimes are applicable depending on the date on which the contract was entered into, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Applicable law.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

This Practice Note looks at the insurance contract provisions in Regulation (EC) 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) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II applies when dealing with vehicle accidents

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