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Law On The Choice Of Law In Insurance [Insurance Law Law]

Original Language Title: Lov om lovvalg i forsikring [forsikringslovvalgsloven]

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Law on the Law of Law of the Insurance [ Insurance Law Law ].

Date LAW-1992-11-27-111
Ministry of The Justis and the Department of Emergency
Last modified LAW-1997-01-24-14
Published In the No. 23
Istrontrecation 01.01.1993
Changing
Announcement
Card title Insurance legislation-intprfal.

Jf. EES deal Attachment IX # 2 (dir 90/618 species 2), no 7 (dir 88/357 species 7 and 8), No. The 7a (dir 924/9 species. 27), No. 11 (dir 2002/83 species 32).

SECTION 1. Lovens Scope

The law applies to the legislof Law in direct insurance agreements.

SECTION 2. Definitions

In this law, it is meant by :

1. The country where the commitment consists : the country where the insurance holder has its common residence or, if the insurance holder is a legal person, the country where the business that the agreement applies is located.
2. The land where the risk consists :
a) The land where the property is located, when insurance applies either fixed property or fixed property with inbo, in the extent that the estate is covered by the same insurance policy,
b) the land where registration has been made, when insurance applies to the transport funds of any species,
c) the land where the insurance holder drew the insurance, when it comes to insurance deals with a duration of four months or less, covering risks in connection with travel and holidays, regardless of insurance class,
d) the land where the insurance holder has its common residence or, if the insurance holder is a legal person, the country where the business that agreement applies is located, in all cases not explicitly mentioned in the letter a to c.
SECTION 3. Henview to a country's law does not include the legislof Law

When this law decides that a country's law is to be added to reason, it means the country's court rules other than the legislof Law.

SECTION 4. States with more than one legal system

Includes a state several territorial entities that each have their own legal rules of contractual obligations, each territorial entity is counted as one country when it is decided on which country's law should be applied.

SECTION 5. International preceptor rules

Although foreign law is added to the ground, Norwegian courts should be left unforced rules in Norwegian law when they are forced regardless of the country's law that otherwise uses.

SECTION 6. Lawful Insurance

For legislating assurances, all unforced rules in the country that impose insurance policies are applicable.

SECTION 7. The law is not exhaustive

The unlovable legislation rules on contractual obligations are given the inquiry as unless they violate regulations in this law.

SECTION 8. Governing life insurance policy

An agreement on drawing life insurance stands under the laws of the land where the commitment consists.

When the insurance holder is a physical person and has regular residence in a country where the person is not a citizen, the parties can also choose the legislation of the country where they are a citizen.

When the insurance holder is a legal person and the commitment consists in Norway, the parties, when the insured have regular residence or is a citizen of a different country, also select this country's legislation.

When the commitment consists in a different country than Norway, and this country's legislation allows agreement freedom beyond what follows by the first and other clause, the parties may choose legislation in the extent that this country's legislation allows it.

SECTION 9. Law of choice in other insurance than life insurance

An agreement on drawing of other insurance than life insurance stands under the laws of the land where the risk consists, when the insurance holder has regular residence or main seat in the person's country.

When an insurance holder does not have regular residence or main seat in the country where the risk consists, the parties in the insurance agreement may choose to be invoking either the legislation of the land where the risk consists, or the legislation of the land where the insurance holder has regular residence or front seat.

When an insurance holder practices trading or industrial business or a free trade, the agreement covers two or more risks that apply to these businesses and consists in different countries, the parties can choose between the legislature of these countries and in the country where the insurance holder has regular residence or front seat.

When the risks covered by the agreement are limited to damage arising from a country other than that country where the risk consists, the parties can always choose the legislation in the country where the damage can occur.

The couple's ordinance of a specific legislation can, if all other relevant circumstances on the statute of law only have ties to a single country, not set aside inalienable rules in this country's legislation.

0 Modified by law 24 June 1994 # 40 (jf. EES deal Attachment IX # The 7a (dir 924/9)).
Section 9 a. Extended admission to agreed legislelection in other insurance than life insurance

In agreements pertaining to the following insurance classes, the parties can always choose any country's legislation :

- rolling railway material,
- aircraft,
- ocean-bound vessels and vessels on lake, river and canal,
- estate during transport,
- liability insurance for aircraft,
- liability insurance for ocean-bound vessels and vessels on lake, river and canal.

When the insurance holder practices handels or industrial business or a free profession, the parties can also choose any country's legislation in the following insurance classes :

- credit,
- bail,

The provided agreement applies to the business.

When the insurance holder is an enterprise that is remarked by the insurance policy Act Section 1-3 other clause a, the parties can also select any country's legislation in the following insurance classes :

- land vehicles,
- fire and natural damage,
- other damage to property and belongings,
- liability insurance for motorcars,
- average liability insurance,
- miscellaneous economic losses.

In relation to which Norwegian right will come to the Applicability after Section 9 first joints, or could come to the Applicability after the party's selection in co-9 other or third clause, the following applies :

1. For insurance that is reauthored by the insurance agreement Act Section 1-3 other clause c, the parties can select any country's legislation.
2. For personal insurance where the insured has fixed residence or is a citizen of a country other than Norway, the parties can, as well as the electoral freedom following by Section 9 other and third joints, select this country's legislation.

In terms of the legislation in a country other than Norway would come to the Applicability after Section 9 first joints or could come to the Applicability of Section 9 other or third clause, the parties may also select third-party legislation in the extent the other country's legislation allows it.

Section 9 fifth joints apply to the equivalent of the paragrafen here.

0 Added by law 24 June 1994 # 40 (jf. EES deal Attachment IX # The 7a (dir 924/9)), modified by law 24 jan 1997 # 14 (jf. EES deal Attachment IX # 2 (dir 90/618) and # The 7a (dir 924/9).
SECTION 10. The common law-choice rule for other insurance than life insurance

If the parties in an agreement on other insurance than life insurance have not adopted a valid law election, and the legislelections do not follow the provisions of this law, a legal relationship is under the law of the country that it has its closest association to after they association points mentioned in Section 9. It is to be added that the agreement has strongest ties to the country where the risk consists, when nothing else in all of it is set forth.

If part of the deal can be separated and has a stronger association with any other of the countries that can come into consideration after Section 9, the legislation of the individual countries can be used on this part of the agreement when the honest reasons speak for it.

SECTION 11. Istrontrecation

The law takes effect from the time the King decides.