Fracturing and bundling risks: the coverage expectations of the 'real' reasonable policyholder
Fracturing and bundling risks: the coverage expectations of the 'real' reasonable policyholder
In interpreting insurance contracts, legal systems will often make reference to the expectations of the reasonable insured. The extent to which this has justified bending, and sometimes breaking, the words of the text differs from jurisdiction to jurisdiction. This paper proposes an addition to this debate: what if we reflected on the 'real' reasonable person, and not merely the judicially framed legal fiction? Should we use the developments in behavioural science to determine what consumers actually understand?
118-169
Davey, James
6fe8c2ef-5959-4877-94a5-a55098975daa
2013
Davey, James
6fe8c2ef-5959-4877-94a5-a55098975daa
Davey, James
(2013)
Fracturing and bundling risks: the coverage expectations of the 'real' reasonable policyholder.
Rutgers Journal of Law & Public Policy, 11 (1), .
Abstract
In interpreting insurance contracts, legal systems will often make reference to the expectations of the reasonable insured. The extent to which this has justified bending, and sometimes breaking, the words of the text differs from jurisdiction to jurisdiction. This paper proposes an addition to this debate: what if we reflected on the 'real' reasonable person, and not merely the judicially framed legal fiction? Should we use the developments in behavioural science to determine what consumers actually understand?
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Published date: 2013
Organisations:
Southampton Law School
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Local EPrints ID: 374355
URI: http://eprints.soton.ac.uk/id/eprint/374355
ISSN: 1934-3736
PURE UUID: 7b176e4a-6058-44ad-afa8-60f2e3d238b8
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Date deposited: 13 Feb 2015 12:08
Last modified: 14 Mar 2024 19:06
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Author:
James Davey
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