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Third EU non-life insurance directive

  • 25-05-2009 9:57am
    #1
    bubonicus
    Registered Users, Registered Users 2 Posts: 715 ✭✭✭


    Hi,

    Hope some legal, EU directive type expert might help me understand the following :-

    My Mortgage Repayment Cover Insurance is up for renewal soon. On the back of the Schedule there is a section called "third EU non-life insurance directive" which states :-

    "Under relevant european and irish law, the insurers and you, the proposer, are free to choose the law governing the insurance contract. The insurers propose that irish law will apply to the contract".

    Now I went and looked at the relevant directive but being the normal person I am, I don't really understand any of it.

    does anybody understand it? Can I choose any EU countries law to use on the contract?

    also I see a lot of reference to "natural or legal person". Could somebody explain the difference?

    thanks in advance,
    Bub.


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    A natural person is you or I, a legal person is a company.

    Regarding the applicable law, Irish law will apply as you and the insurers (at their proposal) have agreed that it will.

    The Directive is European law that applies to Ireland the same as it does to any other EU country and it basically allows insurance companies the freedom to establish their services throughout the EU.


  • #3
    bubonicus
    Registered Users, Registered Users 2 Posts: 715 ✭✭✭bubonicus


    McCrack wrote: »
    A natural person is you or I, a legal person is a company.

    Regarding the applicable law, Irish law will apply as you and the insurers (at their proposal) have agreed that it will.

    The Directive is European law that applies to Ireland the same as it does to any other EU country and it basically allows insurance companies the freedom to establish their services throughout the EU.


    Did I agree to this by signing the contract, If so, Can I propose a new law to apply if I have not signed the contract?


  • #4
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    You can propose any other law, but it will then be up to the insurance company to accept your proposal. They may refuse to have any law other than Irish applying to the contract. They will be thinking of the practical difficulties of conducting arbitration or court proceedings under law other than Irish.


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