Transparency in the Insurance Contract Law in the United States
Published in Transparency in Insurance Contract Law, Pierpaolo Marano & Kyriaki Noussia, eds.
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.
Contracts | Insurance Law | Law
Abramovsky, Aviva and Kochenburger, Peter, "Transparency in the Insurance Contract Law in the United States" (2020). Contributions to Books. 390.