Vorvertragliche Informations- und Aufklärungspflichten des Versicherers nach finnischem Recht

The essay deals with the regulation of the pre-contractual duty of the insurer to inform and advice the prospective policyholders according to the Finnish law. The regulation could possibly be used as a model for the amendment of the German Insurance Contract Law (VVG). The widely amended Finnish Insurance Contract Law (VSL) came into force on 1. 7. 1995. The regulation of the pre-contractual duties of the insurer was one of the most important amendments of the law. According to sec. 5 VSL, the insurer shall give the insurance applicant the information which is needed for the assessment of the insurance requirement and for the choice of the insurance before the insurance agreement is entered into. If the insurer or his representative has neglected to provide the policyholder with the necessary information concerning the insurance or has provided him with faulty or misleading information, sec. 9 VSL will apply. According to it, the insurance agreement is considered to be in force with the content which the policyholder had reason to infer on the basis of the information which he had received. The provisions are general clauses. The essay explains the details of the provisions through the cases which have been solved by the Finnish Complaints Boards.