The Law of Compulsory Motor Vehicle Insurance

ISBN-13: 9781138000674 / Angielski / Twarda / 2019 / 320 str.

Dr. Ozlem Gurses

Opis

The rules that govern the law of motor insurance are laid down in a complex system which includes national legislations, EU Directives and the Green Card Scheme. One of the controversial issues is to reconcile the EU Directives and the national law; there have been numerous cases in which an EU Directive and a local regulation appear contradictory and the courts had to determine the rules of interpretation to read these two different instruments together. With the current globalisation and means of transport it is inevitable that disputes will arise for road users outside the jurisdiction where the motor vehicle is registered and it is essential to clarify the law applicable in this area. This analysis will include an explanation of the current system applicable together with the most recent amendments of the legislation, the interpretation of the legal instruments in force, and presenting the controversial matters that have arisen in disputes related to liability for road users.

Spis treści

1 Brief History of the Insurance Obligation and Interaction with the EU Law  2 The Insurance Obligation: Overview  3 Insurance Obligation: Scope (Meaning of ‘Permit’ ‘Cause’ ‘Motor Vehicle’ ‘Road or Other Public Place’)  4 Requirements with Respect to the Insurance Policy: Form and Scope  5 The Meaning of ‘Use’ of a Vehicle  6 Civil Liability  7 Control of Policy Terms  8 Third Party Victim’s Right of Direct Action Against Insurers  9 Credit Hire Agreements  10 Motor Insurers’ Bureau  11 Injuries Suffered in the EU  12 The Public Policy Doctrine  13 Insurance of Automated Vehicles

O autorze

Özlem Gürses is a Reader in Insurance and Commercial Law at King’s College London.