Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/6762
Title: The impact of the Rome II regulation on Maltese motor insurers
Authors: Valletta, Kevin
Keywords: Obligations (Law) -- European Union countries
Automobile insurance -- Law and legislation -- Malta
Traffic accidents -- Malta
Automobile insurance -- Malta
Issue Date: 2012
Abstract: Regulation (EC) No 864/2007 commonly known as Rome II defines the law applicable to non-contractual obligations in situations involving a conflict of laws, however it does not harmonize the substantive law of the Member States. This thesis will be dealing with this Regulation specifically on its impact on Maltese Motor Insurers and their liability arising out of torts, analyzing the situation in Europe prior to Rome II, where various conflict-of-law rules were applied. Malta followed English Common Law in Private International Law while in England, since 1995, choice of law in tort was regulated by 'The Private International Law (Miscellaneous Provisions) Act' of 1995. The thesis will concentrate mainly on Article 4 of Rome II, which stipulates the general rule on the law applicable to non-contractual obligations arising out of a tort. Evidently a Maltese registered vehicle insured with a Maltese Insurer can be involved in various cross border claims whereby domicile, damage and connecting factors come into play, thus it is paramount to examine these situations in order to identify how Rome II applies in practice and moreover to establish what is the real impact of Rome II on the Maltese Motor Insurer. Although Rome II had a positive impact on the Maltese Motor Insurer in relation to the determination of the applicable law especially on the issue of the assessment of damages there is still the issue of the limits of indemnity which still remains unclear as not all Member States require the same limits of indemnity. I recommended that in a direct action against the Maltese Motor Insurer for compensation, the foreign Court should take into consideration the minimum amount of cover required under Maltese law.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar//handle/123456789/6762
Appears in Collections:Dissertations - FacLaw - 2012

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