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The insurability of punitive damages under Belgian law

This article explores the concept of insurability of punitive damages under Belgian law, discussing the debate, hypothesis, and various aspects such as public policy and contractual regulations. It also analyzes the effect of insurance on tort and insurance law, as well as the scope and functions of punitive damages.

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The insurability of punitive damages under Belgian law

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  1. The insurability of punitive damages under Belgian law Drs. D. Wuyts and E. Nordin

  2. Introduction • Insurability of punitive damages • Debate • Hypothesis

  3. Overview • Concept of punitive damages • Insurability • Public Policy • Non policy related • Contractual regulation • Conclusion

  4. Concept • Special categorie of damages • Effect on Tort and Insurance Law • Scope • UK • US • Main and derived functions

  5. Insurability • Prima facie: yes, article 77 WLVO • Objections • Public policy related • Non policy related • Contractual regulations

  6. Public Policy • Legal Status • Effect of insurance on the functions • Deterrence and education • Punishment • Compensation? • Vicarious liability

  7. Public Policy (2) • Sanctity of contract • Freedom of contract • Pacta sunt servanda • Transposition: articles 6 and 1134 Civil Code • Insurability of vicarious liability

  8. Non-policy related • Compensation • Bankruptcy • Conflict • Deep pockets • Payement by a third party • Moral Hazard

  9. Contractual Regulations • Definition of coverage • Intentional damages • Outrageous conduct • Caps

  10. Conclusion • Prima facie: yes, article 77 WLVO • Objections • Public policy related: unclear • Non policy related: irrelevant • Contractual regulations : possible solution?

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