scholarly journals Withdrawal from a contract for insurance coverage concluded remotely

2019 ◽  
Vol 2 (52) ◽  
pp. 29-45
Author(s):  
Marta Anna Szwarczyńska
Keyword(s):  
Insurance Coverage ◽  
Case Law ◽  
Insurance Contracts ◽  
Legal Relationship ◽  
Group Insurance ◽  
Distance Communication ◽  
Multi Stakeholder

The multi-stakeholder nature of group insurance contracts triggers various types of connections between the actors in this legal relationship. This is best illustrated by the contract for insurance coverage, which is a separate agreement transacted between the insured and policyholder, but intrinsically linked with group insurance. The aim of this article is to discuss the selected aspects of contracts for insurance coverage. Particular emphasis is put on the insured's right to withdraw from the contract if it was concluded by means of distance communication. The considerations in this respect include examples deriving from case-law practice.

scholarly journals The European Context of the Group Insurance Contract

2020 ◽  
pp. 179-231
Author(s):  
Mariusz Fras
Keyword(s):  
Comparative Law ◽  
Insurance Contract ◽  
Insurance Law ◽  
European Context ◽  
Insurance Contracts ◽  
Legal Relationship ◽  
Separate Branch ◽  
Legal Nature ◽  
Group Insurance ◽  
And Performance

The entirety of norms on the relations connected with conclusion and performance of insurance contracts make up economic insurance law. Because of its objective homogeneity, it is generally treated as a separate branch of law. From the dogmatic perspective, its permanent element are group insurance contracts. However, the results of a comparative law research allow to draw the conclusion that in a substantial numberof legal systems the term “group insurance” is not to be found in normative acts. In the literature, multiple attempts were made to expound the legal nature of the group insurance contract. Still, there is no consensus as to the nature of the legal relationship arising from conclusion of a group insurance contract. The article concerns the proposal of normative regulation of group insurance contract.

The Doctrines of Specification and Accession: Potential Bases for Legal Ownership through Labor?

1983 ◽  
Vol 4 (1) ◽  
pp. 1-17
Author(s):  
Melissa A. Barker
Keyword(s):  
Case Law ◽  
Dominant Mode ◽  
Legal Basis ◽  
Collective Ownership ◽  
Legal Relationship ◽  
American Case ◽  
Ownership Rights ◽  
Mode Of Production ◽  
Composition Of Products ◽  
Means Of Production

This paper explores the viability of the doctrines of accession and specification as potential sources of a historical-legal basis for ownership rights accruing to labor by recognizing its unique capacity to create value. Focusing on examples from American case law, the origin and development of these doctrines are documented. The changes in these doctrines, from their first appearance in the early civil law or Code of Justinian to the present, often reflect the historic changes in the composition of products, the legal relationship between labor and capital and the changes in the dominant mode of production. The purpose of this inquiry is to determine if a legal rationale exists which justifies collective ownership of the means of production.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 58 Colombia: Colombian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Salame Antonio Aljure
Keyword(s):  
Latin America ◽  
Civil Law ◽  
Case Law ◽  
Private International Law ◽  
Gap Filling ◽  
Commercial Law ◽  
Legal Relationship ◽  
Commercial Code ◽  
The Hague ◽  
International Instruments

This chapter looks at Colombian perspectives on the Hague Principles. In Colombia, civil and commercial regulations are contained in two separate codes: the Colombian Civil Code and the Commercial Code. Despite their separation, commercial law draws from civil law and regulates several areas not covered by the latter. As a result, civil and commercial law in Colombia should be understood as complementary in that they both regulate international contracts and share similar foundations and principles. There is currently no modern law that comprehensively deals with private international law in Colombia. However, the Bogotá Chamber of Commerce is in the process of drafting legislation with the objective of clarifying the interpretive approach to norms underlying international contracts. Although there is no express reference to the Hague Principles as a guiding or interpretative source of law for judges, it has been recognized in case law that international instruments such as the UNIDROIT Principles of International Commercial Contracts (UPICC) may govern a legal relationship if they do not contravene an express rule. This gap-filling role facilitates the transition of law to modernity by virtue of the requirements of relevance, coherence, and justice.

Recent Changes in Medical—Legal Statutory and Case Law and Their Application to Cosmetic Surgery

1986 ◽  
Vol 3 (3) ◽  
pp. 3-6
Author(s):  
Edwin E. Breitenbach
Keyword(s):  
Cosmetic Surgery ◽  
Medical Malpractice ◽  
Insurance Coverage ◽  
Case Law ◽  
Appellate Court ◽  
Specific Response ◽  
Court System ◽  
Malpractice Litigation ◽  
Malpractice Insurance ◽  
Medical Malpractice Insurance

In the mid 1970s medical malpractice insurance carriers, faced with huge increases in both the number of claims and the size of awards, elected either to discontinue writing medical malpractice insurance policies or to raise premiums for this type of insurance by a factor of two or three. Faced with the prospect of unavailability of affordable medical malpractice insurance many physicians elected to go without any malpractice coverage, went into early retirement terminating their practices altogether, or narrowed the scope of their practices to eliminate those procedures which carried an inordinately high risk of medical malpractice litigation. In response to the potential unavailability of adequate health care because of the impending medical malpractice insurance crisis many states enacted remedial emergency legislation in an attempt to deal with the crisis by providing an incentive for insurance carriers to either reenter the medical malpractice field or for those remaining to limit their proposed premium increases substantially. California was one of those states which enacted broad remedial legislation. In addition other states enacted legislation quite similar to California's. An attempt will be made to review those statutes passed by California in specific response to the medical malpractice crisis and their history as they underwent constitutional attack in the California appellate court system. The legislation reviewed here is of course applicable only in California. However, many other states have enacted comparable legislation and many jurisdictions currently are considering statutory changes which would parallel California's laws. California's current statutes dealing with medical malpractice litigation could be considered a model for those jurisdictions currently facing a crisis in affordability or availability of malpractice insurance coverage.

Sex, Lies, and Health Insurance: Employer-Provided Health Insurance Coverage of Abortion and Infertility Services and the ADA

1996 ◽  
Vol 22 (1) ◽  
pp. 51-84
Author(s):  
D'Andra Millsap
Keyword(s):  
Health Insurance ◽  
Private Health Insurance ◽  
Insurance Coverage ◽  
Health Insurance Coverage ◽  
The United States ◽  
Infertility Treatment ◽  
Insurance Contracts ◽  
Access To Health ◽  
Infertility Treatments ◽  
Infertile Couples

Employer-provided health insurance is the backbone of the American healthcare system. Approximately four of five workers in the United States rely on health insurance provided in the workplace. Many commentators view access to health insurance as the doorway to the entire health care system. Thus, the benefits covered in employer-provided health insurance plans significantly impact millions of Americans.While private health insurance usually covers abortion, it traditionally has not covered infertility services. Eventually, courts began interpreting insurance contracts to include infertility treatments, leading insurers to specifically exclude infertility treatments from coverage. In response, a few states have passed mandated benefit laws requiring coverage of some or all infertility services. Nonetheless, current insurance coverage of infertility services is “erratic” at best. These exclusions are significant because abortion and infertility services can be quite expensive for the millions of infertile couples seeking some sort of infertility treatment and the millions of women who have abortions each year.

scholarly journals Main characteristics of credit life insurance

2020 ◽  
Vol 58 (3) ◽  
pp. 237-253
Author(s):  
Mirjana Glintić
Keyword(s):  
Cost Effectiveness ◽  
Life Insurance ◽  
Insurance Coverage ◽  
Legal Knowledge ◽  
Insurance Agents ◽  
Insurance Contracts ◽  
Insurance Policies ◽  
Credit Insurance ◽  
The Way

In recent years, banks in Serbia, as authorized insurance agents, have started offering various types of insurance contracts that serve as a means of securing credit. Since the potential credit user is a consumer who does not have sufficient legal knowledge of insurance contracts, this paper aims to point out the main characteristics of these insurances and to highlight the differences between them. Despite all the information that insurance agents are required to disclose to their clients, there are always certain dilemmas regarding these insurance policies, particularly with respect to the issues of insurance coverage, insurance voluntariness and its cost-effectiveness. During the last two years, several judgments have been made regarding credit insurance and the powers of banks in connection with this contract, so it was necessary to consider what consequences this could have on the way of concluding the contract and calculating premiums for some other insurances intended for securing loans, although differently conceived.

scholarly journals Voluntary Additional Health Insurance in the European Union: Free Market or Regulation?

2017 ◽  
Vol 24 (5) ◽  
pp. 591-613 ◽  
Author(s):  
Piet Calcoen ◽  
Wynand P.M.M. van de Ven
Keyword(s):  
European Union ◽  
Health Insurance ◽  
Free Market ◽  
Case Law ◽  
Healthcare Services ◽  
The European Union ◽  
Insurance Contracts ◽  
European Court ◽  
Market Driven ◽  
Restrictive Legislation

Abstract Recent European Court of Justice (ecj) case law has highlighted apparent inconsistencies in ecj rulings on the regulation of voluntary additional health insurance. In 2013, the ecj upheld Belgian regulations limiting the operation of the free market by restricting increases in premium rates of additional health insurance contracts. By contrast, in 2012, an ecj ruling required Slovenia to repeal such restrictive legislation and not to hinder the operation of the free market. The objective of this article is to feed the discussion on the question whether and under what conditions free-market-driven additional health insurance in the European Union might be acceptable. We conclude that, provided that basic health insurance effectively covers all essential healthcare (essential healthcare services being broadly defined), additional health insurance could be regulated in the same way as all other non-life insurance.

scholarly journals Enforcement of Insurance Contracts by or on behalf of Third Parties

1996 ◽  
Vol 26 (4) ◽  
pp. 653
Author(s):  
David B Brian
Keyword(s):  
Case Law ◽  
Third Parties ◽  
Third Party ◽  
Insurance Contracts ◽  
Insurance Policies ◽  
Court Of Appeal

The object of this article is to identify and analyse various actions which may assist a third party who is refused indemnification by an insurer on the ground that s/he was not privy to the contract of insurance. Enforcement of the contract pursuant to the Contracts (Privity) Act 1982 is identified as the most appropriate option that is potentially available to a third party. However, in order for the Act to apply to insurance policies, it will be necessary for the Court of Appeal to overrule or distinguish a body of case law on the Act which has arisen from cases concerning nominees.

Amateur sport and Union citizenship in the Biffi case: Towards a European sporting citizenship

2020 ◽  
Vol 27 (5) ◽  
pp. 598-614
Author(s):  
Antonio Di Marco
Keyword(s):  
Case Law ◽  
Economic Activities ◽  
Legal Relationship ◽  
Court Of Justice ◽  
European Court ◽  
Legal Implications ◽  
Amateur Sport ◽  
The Social ◽  
Union Citizenship ◽  
Amateur Athlete

This essay focuses on the relation between amateur sport and Union citizenship, analysing the recent Biffi ruling of the European Court of Justice. It examines the opinion of the Advocate General and the Judgment of the ECJ, starting from the established case-law according to which sport is subject to EU law insofar as it constitutes an economic activity. Taking into account the possible application of the Treaty in light of the indirect impact on economic activities of the amateur athlete, the study analyses the legal implications of Article 165 TFUE considering the social function of sport. Finally, the paper illustrates to what extent the Biffi case represents a simple clarification of the existing legal relationship, a coherent case-law development, or another seismic ECJ ruling on sport.

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