Insurance Contract in Common Law
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Abstract
This paper presents essential information concerning to insurance contract in the Anglo-American legal framework. Because there is a lack of comprehensive and statutory definition of insurance contract nor English nor American (vel Australian) law, easy one can find plenty of legal decisions and interesting cases relating the nature of insurance contract and attempts of definition. Previously it was stated that this kind of contract is “a contract upon speculation” (Lord Mansfield in 1766). The most popular concept is going from Megary Defence Union v. Department of Trade (1979) where three fundamental elements of each insurance were given: valid contract, uncertainty of insurance event and insurance interest belonging to insured person.
The author attempts to set out the fundamental nature of almost good faith. It means that each party has to disclose all information relevant for risk (material facts) and for other parties because of concluding contract. Contract is avoided in the case of break this principle. A relatively extensive remark is given of the insurable interest as a fundamental feature of insurance contract. It means, that it is a pecuniary interest in the subject matter which is covered by the policy.
Author opted for aplication the Common Law experience and above mentioned concepts during preparation for implementation aquis communautaire into the Polish insurance legal order.
The author attempts to set out the fundamental nature of almost good faith. It means that each party has to disclose all information relevant for risk (material facts) and for other parties because of concluding contract. Contract is avoided in the case of break this principle. A relatively extensive remark is given of the insurable interest as a fundamental feature of insurance contract. It means, that it is a pecuniary interest in the subject matter which is covered by the policy.
Author opted for aplication the Common Law experience and above mentioned concepts during preparation for implementation aquis communautaire into the Polish insurance legal order.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
