Data Profiling and Insurance Law

Brendan McGurk is a Barrister at Monckton Chambers.

• Introduction I. Scope and Structure of the Book II. Big Data’s Impact on Insurance III. Information Asymmetries and Principles of Insurance Law IV. Remedies for Insurers’ Misuse of Big Data V. Relationship between Social Change and Legal Principle PART IBIG DATA’S IMPACT ON THE PROVISION AND REGULATION OF INSURANCE1. Big Data and Predictive Analytics I. Big Data: Definition and Techniques II. The Nature, Collection, Sources and Aggregation of Data III. How Big Data is Transforming Insurance Business IV. Conclusions 2. Regulatory Assessment of the Use of Big Data by Insurers I. Regulatory Assessment by UK Regulators II. Regulatory Assessment by EU Regulators III. Conclusions 3. Emerging Themes and Issues I. Transparency and Privacy Concerns II. Information Asymmetries, Adverse Selection and Segmentation of Risk Pools III. Access to Insurance IV. Conclusions PART IIBIG DATA AND THE PRINCIPLES OF INSURANCE LAW4. Big Data and the Permissible Constraints on the Scope of Cover I. Terms of Insurance Contracts II. General Constraints on Policy Terms III. Constraints in Relation to Specific Classes of RiskIV. Conclusions 5. Good Faith and Duties of Disclosure in Insurance Law I. Duties of Disclosure in English Contract Law II. The Good Faith Duty of Disclosure in Insurance Law III. Legislative Reform IV. Conclusions PART IIITHE IMPACT OF REGULATORY LAW ON INSURANCE LAW6. Regulatory Constraints on the Collection and Use of Data I. Financial Services Regulation II. Regulation of Insurance – The Insurance Distribution Directive III. Data Protection Regulation IV. Conclusions 7. Impact of Regulatory Duties on the Content of the Duty of Good Faith I. Deficiencies in the Good Faith Duty of Disclosure II. Does the GDPR’s Application to Insurers Address the Common Law’s Deficiencies? III. Can the Good Faith Duty of Disclosure Evolve by Analogy with the GDPR? IV. The Evolution of the Common Law Duty of Disclosure on Insurers V. Conclusions PART IVREMEDIES8. Remedies for Insurers’ Misuse of Data I. Financial Services Remedies II. Consumer Law Remedies III. Equality and Anti-Discrimination Remedies IV. Competition Law Remedies V. Data Law Remedies VI. Insurance Law Remedies at Common Law PART VCONCLUSIONS9. Conclusions I. Summary of the Argument II. Detailed Conclusions III. The Future of Insurance in the Big Data Age

From academics to insurance lawyers, readers will appreciate the detailed and thorough examination and analysis in this monograph, of what is developing into a very complex subject.