Private International Law of Reinsurance and Insurance
INSURANCE OF RISKS IN THE EEA: CHOICE OF LAW AND THE INSURANCE DIRECTIVES
The Insurance Directives apply to contracts of insurance covering risks situated in an EEA State.1 But unfortunately, in several significant respects, the precise scope of the Insurance Directives and the overlap between the various regimes is unclear. In particular, it is unclear which regime applies where the risk is situated in an EEA State but the insurer is established outside the EEA. Article 1(3) of the Rome Convention, as we have seen, provides that the rules of the Convention do not apply to contracts of insurance which cover risks situated in the territories of the Member States of the EEC. This exclusion is not drafted by reference to the place of business of the insurer. One would assume that the Rome Convention and the directives would be back and, thus, one would then turn to the specialist insurance directives, expecting that they would apply instead. At first sight it appears they do, applying whenever the risk is situated in an EEC state.2 Thus the Insurance Directives appear to plug the gap left by Article 1(3). Unfortunately the position may not be as simple as at first appears.