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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
Attached is a questionnaire/discussion paper and agenda for the meeting of the working party at the World Congress, Paris in May 2010.
Attached Report of the Transport Working Party meeting in Paris on 19 May 2010
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