Unfair Terms and Unpredictability in the Insurance Contract

Abstract

Unfair terms in insurance contracts are identified by courts of law, usually notified by the insured. The courts interpret the insurance policies clauses that are ambiguous, unclear, and even illegal. Due to the membership nature of the insurance contract, state intervention through mandatory regulations and setting up of an authority was necessary. Thus, in order to prevent abusive practices in the insurance sector, namely of insurers (insurance companies), states have set up administrative authorities to control them, supervise their activity, and sanction their illegal actions.

Keywords

• unfair terms
• unpredictability
• insured
• insurer
• professional trader
• consumer