ABSTRACT

This chapter deals with the regime applicable to insurance under section 3 of the Brussels Regulation. In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency. The 1978 version of the Brussels Convention on the accession of the UK made a number of changes. It deleted a provision in Article 8 of the 1968 version which had provided that an insurer could also be sued in the place of the domicile of his agent for insurance if that place was mentioned in the policy or proposal. A jurisdiction agreement with a policy-holder not domiciled in a Member State is effective, “except in so far as the insurance is compulsory or relates to immoveable property in a Member State”.