Civil Liability of Insurers in the Cross-Border Context

The article deals with a general view of the provisions of private international law applicable to the insurer's liability. The issues of both the law applicable to insurance contracts and liability arising out of a tort/delict were discussed. The analysis covers the effectiveness of these standards from both legal and economic points of view. It seems rather obvious that the current provisions of Article 7 of the Rome I Regulation as well as Article 18 of the Rome II Regulation may fall short of taking into account individual and collective interests articulated in the preambles of those Regulations. The issues of overriding mandatory provisions and the discrepancy of sources of private international law in the EU, which allows too easily to play out the differences between Member States, would also need to be sorted out.