INJURED PARTIES AND PERSONAL LIABILITY INSURANCE: LEGAL PROTECTION IN EUROPEAN PRIVATE INTERNATIONAL LAW
INJURED PARTIES AND PERSONAL LIABILITY INSURANCE: LEGAL PROTECTION IN EUROPEAN PRIVATE INTERNATIONAL LAW

Summary/Abstract: The far-reaching mobility of people, goods, services and capital within the European Union (EU) entails that various private and professional activities cause numerous events of damage having cross-border implications. The legal situation becomes even more complicated if the incurred damage is covered by liability insurance, given that this means the participation of an additional party. Despite this rather complicated situation, it should be guaranteed that the injured party receives effective and fair compensation for its loss. As concerns EU Member States, competence rests with the European legislature to enact rules governing conflicts that may arise in respect of the applicable law or jurisdiction. The article examines the mechanisms existing in European private international law which protect injured parties in cases of damage covered by personal liability insurance. Here one finds that the protection of the injured party is realized on several levels through a number of conflict-of-law measures. The paper first describes the legal status quo in case of liability insurance, then examines the private international law in relation to the existence of a direct claim of the injured party, analyzes the applicable jurisdiction in cross-border damage cases and finally discusses the questions concerning the particularities of a direct claim of the injured party.

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