Data Profiling and Insurance Law

Introduction
I. Scope and Structure of the Book
II. Big Dataâs Impact on Insurance
III. Information Asymmetries and Principles of Insurance Law
IV. Remedies for Insurersâ Misuse of Big Data
V. Relationship between Social Change and Legal Principle

PART I
BIG DATAâS IMPACT ON THE PROVISION AND REGULATION OF INSURANCE
1. 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 II
BIG DATA AND THE PRINCIPLES OF INSURANCE LAW
4. 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 Risk
IV. 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 III
THE IMPACT OF REGULATORY LAW ON INSURANCE LAW
6. Regulatory Constraints on the Collection and Use of Data
I. Financial Services Regulation
II. Regulation of Insurance â" 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 GDPRâs Application to Insurers Address the Common Lawâs 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 IV
REMEDIES
8. Remedies for Insurersâ 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 V
CONCLUSIONS
9. Conclusions
I. Summary of the Argument
II. Detailed Conclusions
III. The Future of Insurance in the Big Data Age