PART IIIContracts of Long-Term Insurance
Applicable law8
1
This Part applies to a contract of long-term insurance if—
a
where the policyholder is an individual, he resides in an EEA State;
b
otherwise, the establishment of the policyholder to which the contract relates is situated in an EEA State.
2
The applicable law is the law of the EEA State of the commitment unless, if such a choice is permitted under the law of that EEA State, the parties choose the law of another country.
3
If the policyholder is an individual and resides in one EEA State but is a national or citizen of another, the parties to the contract may choose the law of the EEA State of which he is a national or citizen as the applicable law.
Mandatory rules9
Nothing in regulation 8 affects the application of the mandatory rules of any part of the United Kingdom, irrespective of the applicable law of the contract.
The 1990 Act10
1
Subject to the preceding provisions of this Part, the 1990 Act is to be treated as applying to the contract for the purposes of determining the applicable law.
2
In determining what freedom of choice the parties have under the law of a part of the United Kingdom, the 1990 Act is to be treated as applying to the contract.