Insurance law is a distinct area of law, and the insurance contract has several characteristics. An essential problem is the conflict between the policyholder’s need for security and the importance of insurance technique for the insurance company. The rules of information aim to be a counterweight to the imbalance between the contracting parties. Insurance companies are in 2 Ch. 4 § the Insurance Contract Act required to provide post-purchase information. Certain important insurance conditions must be emphasized. The obligation has a civil sanction in 2 Ch. 8 § where the insurance company cannot invoke the conditions in question. The overall purpose of this essay is to evaluate whether the current regulation regarding requirements for post-purchase information in consumer insurance and the civil sanction in the event of deficiencies in its fulfillment is adequate or deficient. Through a legal dogmatic method, the regulation is mapped and critically examined based on a transparent scale consisting of comprehensibility, coherence, and balance between interests. The existing regulation shows several shortcomings in comprehensibility. In addition, it is not coherent and shows a lack of balance between interests. In particular, the fact that the policyholder’s actual knowledge of the insurance conditions in question does not prevent the sanction can be questioned. In conclusion, the current regulation is deficient. Through a constructive legal dogmatic analysis, legal alternatives are presented and analyzed with the purpose to address the criticism that can be directed at the regulation. In principle, the regulatory framework should be maintained, but some changes can be made to better meet the requirements of comprehensibility, coherence, and balance between interests. It remains to be seen if and how the legislator acts.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-203935 |
| Date | January 2022 |
| Creators | Östberg, Klara |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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