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Fracturing and bundling risks: the coverage expectations of the 'real' reasonable policyholder

Davey, James 2013. Fracturing and bundling risks: the coverage expectations of the 'real' reasonable policyholder. Rutgers Journal of Law & Public Policy 11 , pp. 118-169.

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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?

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > KD England and Wales
K Law > KF United States Federal Law
Publisher: Rutgers University School of Law
ISSN: 1934-3736
Related URLs:
Last Modified: 19 Mar 2016 23:22
URI: http://orca.cf.ac.uk/id/eprint/49423

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