Article 7(3) Rome I Regulation and the Law Applicable to Non-Life Mass Risk Insurance Contracts: A Critical Appraisal

The chapter focuses on the law applicable to non-life mass risks insurance contracts and comments on Article 7(3) Rome I Regulation. A critical reading of the various connecting factors employed in the provision at hand will highlight the lack of uniform conflict of laws methods to protect weaker parties, as well as a—sometimes—unjustified restriction on party autonomy. The ‘convergence’ of different connecting factors towards the same law will also highlight how the rule seems to protect the interests of the national insurance markets, not only those of contractually disadvantaged parties.