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Policyholder Obligations After an Insured Event: Are Baltic Insurance Laws Too Insurer-Friendly Compared to the Principles of European Insurance Contract Law?

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Luik O.-J.

Baltic Journal of Law & Politics

2012

vol. 5

issue 1

137-164

This article explores the differences between the Estonian Law of Obligations Act, the Latvian Insurance Contract Law and Lithuanian rules contained in the Civil Code and Insurance Law in comparison with the Principles of European Insurance Contract Law with regards to the policyholder's obligations after insured event. The three key obligations after insured event, i.e., (i) the obligation to reduce damage, (ii) the obligation to report an insured event, and (iii) the obligation to cooperate, play a major role in the performance obligation of the insurer. It is precisely the proper performance of those obligations that determines how quickly the policyholder receives insurance indemnity, should there be an insured event. Breach of those obligations may in certain cases result in a refusal to pay insurance indemnity. Compared with national laws of the Baltic States, the relevant regulation provided in the PEICL is more favourable and consumer-friendly for policyholders.

Situated Identities in the Discourse of Insurance: A Comparative Critical Discourse Analysis of Chinese and British Insurance Contracts

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Nartey M., Huang H.

Language, Discourse & Society

2018

vol. 6

issue 2

119-132

This paper is a comparative critical discourse analysis of Chinese and British insurance contracts. It analyses the similarities and differences in the identities that emerge from the situatedness of the insured and the insurer in the contracts in order to determine the extent to which the sociocultural context within which the texts were conceived shape the texts. The study draws on the positioning theory and the notions of situated identity/situated meaning and is informed by analytic tools within critical discourse analysis. It found that in both the Chinese and British contracts, the insurer is linguistically and discursively situated as a powerful and resourceful ‘regulator’ (i.e. an active force) whereas the insured is mostly constructed in subjective and somewhat ‘weak/vulnerable’ terms. This similarity notwithstanding, the study found differences in terms of the kind of power relation, the level of formality or social distance and the dominant type of language evident in the two contracts. The Chinese contract was found to display a much stronger power relation and a more highly/strictly level of formality than the British contract. And whereas the Chinese contract was predominantly couched in very legal terms, the British contract had a more businessoriented focus. These differences demonstrate how (insurance) discourse may be shaped by the social and cultural contexts in which it is conceived and, possibly, sculpt the identities ofall those addressed.

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1 Baltic Journal of Law & Politics

1 Language, Discourse & Society

1 Huang H.

1 Luik O.-J.

1 Nartey M.

1 2018

1 2012

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Policyholder Obligations After an Insured Event: Are Baltic Insurance Laws Too Insurer-Friendly Compared to the Principles of European Insurance Contract Law?

Situated Identities in the Discourse of Insurance: A Comparative Critical Discourse Analysis of Chinese and British Insurance Contracts