Choice of law in Insurance Contracts Under the Rome I Regulation

Abstract

The choice of law rules applicable to insurance contracts are currently found in a number of different instruments. The rules overlap and are in some cases contradictory. On any view, the current system is complex and lacks transparency. The purpose of this article is to highlight the problems with the law as it currently stands, and to compare the old rules to the choice of law rules applicable to insurance contracts which are contained in the new Rome I Regulation, Regulation No 593/2008. Before the choice of law rules themselves can be considered in detail, it is necessary to address the preliminary issue of where those rules are to be found. It will be seen that as the law currently stands identifying the correct regime to apply in an insurance case is a difficult and complex issue in its own right.