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Transparency in the Insurance Contract Law in the United States

  • Aviva Abramovsky
  • Peter KochenburgerEmail author
Chapter
  • 19 Downloads
Part of the AIDA Europe Research Series on Insurance Law and Regulation book series (ERSILR, volume 2)

Abstract

In the United States, a mix of government regulation and common law decisions govern insurance contracts, and “transparency” in this context does not have a fixed meaning. There are not the sharp distinctions between public and private law that exist in many other jurisdictions (particularly in civil law countries). This is especially true in insurance, where laws regulating insurance contracts are typically a mix of specific government interaction—statutes, regulations, and regulatory notices and bulletins—and the common (“judge-made”) law. For these reasons, transparency standards for insurance agreements are best understood as including both access to essential information about the contract—the cost, forms, terms, endorsements, etc.—and disclosure and other regulatory requirements that support actual knowledge by the parties entering into the insurance agreement and consumer certainty of what coverage is provided.

Notes

Acknowledgement

The authors thank research assistant Kimberly Wilson; Yan Hon, Director of Insurance Law Research at the University of Connecticut School of Law School; and Brendan Maher, Director of the Insurance Law Center at the University of Connecticut School of Law.

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Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.University at Buffalo School of Law, The State University of New YorkBuffaloUSA
  2. 2.University of Connecticut School of LawStorrsUSA

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