Association Internationale de Droit des Assurances
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WORKING PARTIES

 

Transport and Insurance Working Party

QUESTIONNAIRE

The Working Party has produced a questionnaire with the aim to report at the AIDA World Congress in October 2002.
The questionnaire has been published in AIDA Mail, issue nine October 2001 (in pdf-format and downloadable through AIDA's home page).

All National Chapters are invited to send their replies to the bureau.

AIDA Working Party Transport Insurance

Questionnaire :

1. In general :

Please add a translation of the relevant texts in the English language (or else in the French language)

2. The enacted legislation on transport insurance

  • Was specific legislation on transport insurance enacted in your country ?
  • does it govern all modes ?
  • or only specific modes ? (land (road, rail) maritime, inland navigation, air, other)
  • contained in a specific act ?
  • or scattered over other acts ?

3. Does it concern :

  • hull insurance
  • cargo insurance
  • carrier liability insurance
  • third party liability insurance


4. Is there any specific legislation on mutual transport insurance ?

5. Are there any specific conflict of laws rules on transport insurance ?

6. Are there any specific rules on territorial competence of the Courts in matters of transport insurance ?

7. Are there any compulsory transport insurance covers ?

8. The case law ?

In the absence of (specific) legislation :

Have general principles been extracted from the case law by doctrine ?
What are they ?

9. What part(s) of the transport insurance law are mandatory ?

10. Public transport insurance law :

What is the legal regime on the freedom to establish, the freedom to provide transport insurance services ?
Is the transport insurance supervision regulation different from the other types of insurance ? In what respect ?

11. Is the transport insurance distribution regulation (brokers and intermediaries) different from others.

12. Transport insurance contract law ;

12.1. Did the market (insurers, brokers or others) develop standard policy conditions ?

12.2. Does the market in your country use foreign standard policy conditions ?
If so which ones ?

13. What are the general principles of law in the following matters :

  • good faith
  • insurable intrest : cover for whom it may concern
  • breach of warranty, change of an essential element
  • duty of disclosure
  • gross negligence and intentional loss
  • insured value (over-insurance, under-insurance)
  • abandonment
  • increase of the risk
  • subrogation
  • period of limitation
  • exclusion of war risk
  • exclusion of nuclear risk
  • inherent vice
  • mitigation/salvage expenses
  • causation
  • held covered clause
  • double insurance