Data Profiling and Insurance Law
Hart Publishing (Verlag)
978-1-5099-4541-2 (ISBN)
More particularly, the book explores how: (i) insurers gain access to information relevant to assessing risk and/or the pricing of premiums; (ii) the impact which that increased information will have on substantive insurance law (and in particular duties of good faith disclosure and fair presentation of risk); and (iii) the impact that insurers’ new knowledge may have on individual and group access to insurance.
This raises several consequential legal questions: (i) To what extent is the use of big data analytics to profile risk compatible (at least in the EU) with the General Data Protection Regulation? (ii) Does insurers’ ability to parse vast quantities of individual data about insureds invert the information asymmetry that has historically existed between insured and insurer such as to breathe life into insurers’ duty of good faith disclosure? And (iii) by what means might legal challenges be brought against insurers both in relation to the use of big data and the consequences it may have on access to cover?
Written by a leading expert in the field, this book will both stimulate further debate and operate as a reference text for academics and practitioners who are faced with emerging legal problems arising from the increasing opportunities that big data offers to the insurance industry.
Brendan McGurk is a Barrister at Monckton Chambers.
Introduction
I. Scope and Structure of the Book
II. Big Data’s Impact on Insurance
III. Information Asymmetries and Principles of Insurance Law
IV. Remedies for Insurers’ Misuse of Big Data
V. Relationship between Social Change and Legal Principle
PART I
BIG DATA’S IMPACT ON THE PROVISION AND REGULATION OF INSURANCE
1. Big Data and Predictive Analytics
I. Big Data: Definition and Techniques
II. The Nature, Collection, Sources and Aggregation of Data
III. How Big Data is Transforming Insurance Business
IV. Conclusions
2. Regulatory Assessment of the Use of Big Data by Insurers
I. Regulatory Assessment by UK Regulators
II. Regulatory Assessment by EU Regulators
III. Conclusions
3. Emerging Themes and Issues
I. Transparency and Privacy Concerns
II. Information Asymmetries, Adverse Selection and Segmentation of Risk Pools
III. Access to Insurance
IV. Conclusions
PART II
BIG DATA AND THE PRINCIPLES OF INSURANCE LAW
4. Big Data and the Permissible Constraints on the Scope of Cover
I. Terms of Insurance Contracts
II. General Constraints on Policy Terms
III. Constraints in Relation to Specific Classes of Risk
IV. Conclusions
5. Good Faith and Duties of Disclosure in Insurance Law
I. Duties of Disclosure in English Contract Law
II. The Good Faith Duty of Disclosure in Insurance Law
III. Legislative Reform
IV. Conclusions
PART III
THE IMPACT OF REGULATORY LAW ON INSURANCE LAW
6. Regulatory Constraints on the Collection and Use of Data
I. Financial Services Regulation
II. Regulation of Insurance – The Insurance Distribution Directive
III. Data Protection Regulation
IV. Conclusions
7. Impact of Regulatory Duties on the Content of the Duty of Good Faith
I. Deficiencies in the Good Faith Duty of Disclosure
II. Does the GDPR’s Application to Insurers Address the Common Law’s Deficiencies?
III. Can the Good Faith Duty of Disclosure Evolve by Analogy with the GDPR?
IV. The Evolution of the Common Law Duty of Disclosure on Insurers
V. Conclusions
PART IV
REMEDIES
8. Remedies for Insurers’ Misuse of Data
I. Financial Services Remedies
II. Consumer Law Remedies
III. Equality and Anti-Discrimination Remedies
IV. Competition Law Remedies
V. Data Law Remedies
VI. Insurance Law Remedies at Common Law
PART V
CONCLUSIONS
9. Conclusions
I. Summary of the Argument
II. Detailed Conclusions
III. The Future of Insurance in the Big Data Age
Erscheinungsdatum | 16.10.2020 |
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Verlagsort | Oxford |
Sprache | englisch |
Maße | 156 x 234 mm |
Gewicht | 440 g |
Themenwelt | Recht / Steuern ► EU / Internationales Recht |
Recht / Steuern ► Privatrecht / Bürgerliches Recht ► IT-Recht | |
Recht / Steuern ► Wirtschaftsrecht ► Bank- und Kapitalmarktrecht | |
ISBN-10 | 1-5099-4541-5 / 1509945415 |
ISBN-13 | 978-1-5099-4541-2 / 9781509945412 |
Zustand | Neuware |
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