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Insurance Law

Objectives

In this course, students will gain an understanding of the basics of insurance: what it is for and how it works. Students will be able to identify insurance needs and they will know how to go to market and satisfy such needs. Students will be able to interpret and find their way around an insurance contract. When given the facts of a hypothetical legal problem relating to insurance, students will be able to solve it.
 

General characterization

Code

33158

Credits

4

Responsible teacher

Margarida Ramalho de Lima Rego

Hours

Weekly - 2

Total - Available soon

Teaching language

English

Prerequisites

Available soon

Bibliography

BIBLIOGRAPHY

* BASEDOW, Jürgen/ BIRDS, John/ CLARKE, Malcolm/ COUSY, Hermann/ HEISS, Helmut/ LOACKER, Leander (eds.): Principles of European Insurance Contract Law (PEICL), 2nd Expanded Edition, Verlag Dr. Otto Schmidt, Cologne 2016.

BAKER, Tom: Insurance law and policy: cases, materials and problems, 3rd Edition, Wolters Kluwer, Austin, Texas 2013.

BIRDS, John: Birds modern insurance law, 10th Edition, Sweet & Maxwell, London 2016.

BURLING, Julian/ LAZARUS, Kevin (eds.): Research handbook on international insurance law and regulation, Edward Elgar, Cheltenham and Northampton, Massachusetts 2011.

CLARKE, Malcolm: The law of liability insurance, 2nd Edition, Rutledge, New York 2017.
CLARKE, Malcolm: Policies and perceptions of insurance law in the twenty-first century, Oxford University Press, Oxford 2005.

JERRY II, Robert H./ RICHMOND, Douglas R.: Understanding insurance law, 4.ª ed., LexisNexis, Danvers 2007.

LOWRY, John/ RAWLINGS, Philip/ MERKIN, Rob: Insurance law doctrines and principles, 3rd Edition, Hart Publishing, Oxford and Portland, Oregon 2011.

MARANO, Pierpaolo/ SIRI, Michele: Insurance regulation in the European Union. Solvency II and beyond, Palgrave Macmillan, Cham, Switzerland 2017.

MERKIN, Rob/ STEELE, Jenny: Insurance and the law of obligations, Oxford University Press, Oxford 2013.

PAOLINI, Adolfo/ NAMBISAN, Deepak: Directors and officers liability insurance, 2nd Edition, Rutledge, New York 2016.

REGO, Margarida Lima: Chapter 41, Portugal, in International insurance law and regulation, Center for International Legal Studies, Thomson Reuters Westlaw 2017, pp. 553-591.

LEGISLATION

* Principles of European Insurance Contract Law (PEICL).

Charter of Fundamental Rights of the European Union.

Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (Insurance Distribution Directive).

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II Directive).

Directive 2004/113/EC of the Council of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (Gender Discrimination Directive).

JUDICIAL DECISIONS

European Court of Justice:

Rodrigues de Andrade, C-514/16, EU:C:2017:908.
Vnuk, C-162/13, EU:C:2014:2146.
Ambrósio Lavrador, C-409/09, EU:C:2011:371.
Test-Achats, C-236/09, EU:C:2011:100.

Teaching method

A team-based learning approach will be followed. Students must prepare for each class and will be called upon to carry out individual and group problem-solving exercises.
 

Evaluation method

All students will be evaluated by means of an anonymous final written exam (3 hours). During the semester, students will have the opportunity to be continuously evaluated by taking an active part in the classroom. Students will be evaluated for their individual and group performance by the professor and by their peers.
The final grade will be: a) the grade obtained in the final exam, for students who do not obtain a continuous evaluation grade; or b) the higher of: (i) the grade obtained in the final exam; and (ii) an average of the final exam and the continuous evaluation grades.
 

Subject matter

The syllabus has been selected and organized so as to provide students with access to key insurance topics in a practical way, with an increasing degree of complexity, so that, in addition to allowing them to understand the basics of insurance, students are able to identify and learn to meet insurance needs in practice, by accessing the market, being capable of finding their way in the interpretation and application of insurance contracts and in thr resolution of practical hypotheses concerning insurance contracts.