Judicial competence in the insurance field. Protecting the ‘weak party’?

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Published in Revista Responsabilidad Civil y Seguro

Both in substantive insurance legislation and in the guiding principles of EU regulations that regulate international jurisdiction in relation to insurance, protecting the weaker party is a fundamental cornerstone. The Insurance Contract Law 50/1980 of 8 October reflects this idea by giving preference to the interpretation of policies in the way which most favours the insured party.

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