|
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
|
