scholarly journals AN INSURANCE AGREEMENT AS A REGULATOR OF INSURANCE RELATIONS

2021 ◽  
pp. 32-40
Author(s):  
Nadiia Milovska
Keyword(s):  
Insurance Agreement

SUBROGATION IN INSURANCE CONTRACT

2018 ◽  
Vol 28 (6) ◽  
pp. 1985-1991
Author(s):  
Tatjana Dimov
Keyword(s):  
Insurance Contract ◽  
Insurance Companies ◽  
Property Insurance ◽  
Insured Person ◽  
Legal Position ◽  
Insured Loss ◽  
Injured Party ◽  
The Right ◽  
Insurance Agreement ◽  
Responsible Person

Subrogation is a legal right characteristically reserved by property insurers. Subrogation occurs in property insurance and in some particular cases of liability insurance. The doctrine of subrogation operates to ensure protection of certain specific principles relevant to the property insurance including the principle of indemnification whereby the compensation received is no more and no less than a full indemnity for the insured loss or damage suffered by the insured due to loss occurrence, the principle of non-cumulation in terms of claims under the same insurance contract and the principle which excludes claiming indemnity from the person who is legally responsible for causing the loss, because otherwise the insurance contract may be an unjustified source of profit for the insured as the insured would get double recovery or paid out twice for the same claim.With the payment of the reimbursement from an insurance agreement on the insurer, all rights that the insured has towards the persons responsible for the damage up to the amount of the paid compensation are transferred. With the subrogation, the insurer takes up the legal position of the insured person and exercises his right to subrogation from the rights of the insured (derivative acquisition of the right), so that the insurer exceeds the claims in scope and amount as the insured had towards the perpetrator.Subrogation is the right of the insurer, it is not his obligation. The insurer is not obliged to use this right to transfer the rights to the responsible person.The notion of subrogation is often associated with the concept of insurance regression. But there is a difference between these two terms: recourse is the right of the insurer to claim the amount of compensation that he has paid to the insured (injured parties) from the harmful person, while subrogation is the transfer of the right (the claim for damages to the responsible person) from the insured to the insurer up to the amount of the compensation paid on the basis of an insurance contract. The right to recourse is a consequence of the existence of subrogation, i.e. transfer of the rights of the insured person to the responsible person, and which is reached by the law itself.Тhe subrogation doctrine also operates to ensure that the defendant or the person who is legally responsible for the loss shall not be absolved of liability under the civil law. Namely, the perpetrator should bear the consequences of his liability for the caused damage, and therefore the legislator of the insurer (as one of the contractual parties in insurance contract) has recognized the right what he has paid the injured party (as the contractual party in the insurance contract called the insured) to calm from the perpetrator.Furthermore, subrogation doctrine operates to ensure profit for the insurance companies whereby the reimbursement funds the claims or sum insured are covered from additionally grow; therefore, this doctrine is of great importance to the insurers.

scholarly journals TINJAUAN YURIDIS TERHADAP POLIS ELEKTRONIK DALAM PERJANJIAN ASURANSI

2017 ◽  
Vol 17 (1) ◽  
pp. 115
Author(s):  
Vianda Karina Ika Putri ◽  
Bambang Winarno ◽  
A. Rachmad Budiono
Keyword(s):  
Judicial Review ◽  
Legal Framework ◽  
Insurance Contract ◽  
Strength Of Evidence ◽  
The Law ◽  
Insurance Agreement ◽  
Policy Agreement ◽  
Made In ◽  
Legal Force

Abstract: Electronic policy or e-policy is an insurance contract that happends due to an electronic commercial transactions. But e-policy has been in Indonesia although there is no clear legal framework related to the existence of these e-policy. The purpose of this study are 1) Determine and analyze how the legality of e-policy according to the law in Indonesia. 2) Determine and analyze how the strength of e-policies evidence in the event of a dispute between the parties. Judicial review of electronic policy in the insurance agreement, namely: 1) E-polis as a form of agreement which could be interpreted is not qualify as legitimate e-policy agreement contrary to KUHDagang to be equivalent for sub law. So, insurance agreement can be interpreted is not meet objective conditions of an agreement that could result in the agreement is null and void (Article 1320 of KUHPerdata). 2) The strength of evidence on e-policy will have a strong legal force if the e-policy is made in the form of a deed in writing and acknowledged by both parties entered into an agreement, but if e-policy just softfile that send by email then e-policy does not have the strength of evidence because it was not in accordance with the provisions of Indonesian laws. Keywords: Agreement, E-policy, The Insurance Agreement Abstrak: Polis elektronik atau e-polis merupakan kontrak asuransi yang terjadi akibat suatu transaksi komersial elektronik. Namun e-polis telah berada di Indonesia meski belum ada payung hukum yang jelas terkait adanya e-polis ini. Tujuan Penelitian ini ialah 1) Mengetahui dan menganalisis keabsahan e-polis menurut hukum di Indonesia, 2) Mengetahui dan menganalisis bagaimana kekuatan pembuktian e-polis dalam hal terjadi sengketa antara para pihak. Tinjauan yuridis terhadap polis elektronik dalam perjanjian asuransi, yakni : 1) E-polis sebagai suatu bentuk perjanjian yang dapat diartikan tidak memenuhi syarat sah perjanjian karena e-polis bertentangan dengan KUHDagang yang setara dengan Undang-Undang. Sehingga perjanjian asuransi tersebut dapat diartikan tidak memenuhi syarat objektif suatu perjanjian yang dapat mengakibatkan perjanjian tersebut batal demi hukum (Pasal 1320 KUHPerdata). 2) Kekuatan pembuktian pada e-polis akan memiliki kekuatan hukum yang kuat apabila e-polis dibuat dalam bentuk akta yang tertulis dan diakui oleh kedua belah pihak yang mengadakan perjanjian, namun apabila e-polis tersebut hanya berbentuk softfile yang dikirim melalui email maka e-polis tersebut tidak memiliki kekuatan pembuktian karena tidak sesuai dengan ketentuan-ketentuan hukum positif Indonesia. Kata Kunci : Perjanjian, E-polis, perjanjian asuransi

scholarly journals Tanggung Jawab Hukum Perjanjian Asuransi Jiwa Unit Link di PT. Prudential Life Assurance Jakarta

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 61
Author(s):  
Christine Magdalena Kurniasih Sena ◽  
Suherman Suherman
Keyword(s):  
Life Insurance ◽  
Financial Services ◽  
Legal Liability ◽  
Voluntary Agreement ◽  
Legal Research ◽  
Conceptual Approach ◽  
Life Assurance ◽  
Insurance Product ◽  
Circular Letter ◽  
Insurance Agreement

This study aims to determine and understand how the legal liability of the Prudential Life Assurance Company in carrying out and marketing unit-linked life insurance products, namely insurance products that are linked to investment according to the prevailing laws and regulations. In addition, this study also aims to determine how the responsibility of agent who act for and on behalf of the company in entering into unit-linked insurance product agreements and what risks must be borne by the insurer and the insured against the unit-linked life insurance agreement. This research uses normative legal research with a statutory approach and a conceptual approach. The result of this research is that the unit linked insurance agreement is included in the agreement in general which contains the principle of consensualism, namely the existence of a voluntary agreement in this case to enter into an insurance contract agreement between the insurer and the insured. Prudential Indonesia in marketing unit-linked life insurance products has also complied with the provisions in the Financial Services Authority Circular Letter Number /SEOJK.05/2019 concerning Insurance Products Related to Investment.

scholarly journals Tinjauan Yuridis terhadap Penyelesaian Wanprestasi Perjanjian Asuransi dalam Putusan No. 537/Pdt.g/2013/PN.MDN

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Arnol Faisal Siallagan ◽  
Taufik Siregar
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Dispute Settlement ◽  
Secondary Data ◽  
Insurance Companies ◽  
Procedure Code ◽  
Legal Term ◽  
Unilateral Termination ◽  
Term Insurance ◽  
Insurance Agreement

<p class="1judul"><em>Juridical Review Of Completion Of Insurance Agreement Wanprestation in No. 537/Pdt.g/2013/PN.MDN</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Insurance is a legal term (legal term) used in legislation and insurance companies. The term insurance comes from the word "insurance" which means insurance or protection of an object from the threat of danger that causes loss. Insurance institutions are known in Indonesia since the entry of European countries to Indonesia. Insurance institutions officially enter Indonesia since the enactment of the Criminal Procedure Code which applies to Indonesia on the basis of the concordance principle contained in Stb. 1943 No. 23 which was promulgated on April 30, 1947, and entered into force on May 11, 1948. This type of research is normative juridical and analytical descriptive in nature. Sources of data obtained in this study through secondary data, and data analysis in the study using qualitative data analysis. Based on the results of research conducted by the author, insurance companies are only responsible for losses suffered by policyholders, if the loss is not made due to intentional. In agreements between insurance companies and agents, each has rights and obligations that must be carried out in good faith. Dispute settlement agency agreement is carried out with 4 stages, first, deliberation stage, second, warning stage, third, unilateral termination stage, fourth, compensation stage.</h1>

scholarly journals Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia

2021 ◽  
Vol 2 (1) ◽  
pp. 196-201
Author(s):  
Ni Putu Purnama Wati ◽  
Ni Luh Made Mahendrawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Civil Code ◽  
Insurance Company ◽  
Conceptual Approach ◽  
Interested Party ◽  
Legal Consequence ◽  
Credit Agreement ◽  
Legal Consequences ◽  
Insurance Agreement

Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.

scholarly journals Tanggung Jawab Penanggung terhadap Penyalahgunaan Premi Asuransi

2019 ◽  
Vol 8 (2) ◽  
pp. 135-152
Author(s):  
Ineke Vanessa Priscilia
Keyword(s):  
At Risk ◽  
Hard Work ◽  
The Other ◽  
The Future ◽  
Life Threatening ◽  
Insurance Agreement

Everyone at the present time are required to always be able to work hard in everything, working hard to do this is so that everyone can be a decent living in the future. Related to the hard work everyone is going to see the risks that would be faced by unnoticed when and how the shape of these risks arise. These risks will be experienced by everyone with a variety of shapes and time, ranging from the risk of life-threatening risks through the belongings. Therefore many people do an agreement with the other parties in terms of the transfer of these risks, one of them with the insurance agreement or the insurance agreement. Insured or the insurance agreement is done so that there is a guarantee against self or one's goods at risk as a result of an event that is not yet clear. The insurance agreement is then performed by several parties with the rights and obligations held by the parties, and any related party to the agreement is not to be insured do not perform the agreed performance as it will be deemed to have committed acts of defaul. Keywords: insurance agreement, the insured premiums, insurer

‘England owes something to these people’: the Anglo-Irish Unemployment Insurance agreement, 1946

2012 ◽  
Vol 38 (150) ◽  
pp. 269-282 ◽  
Author(s):  
Bernard Kelly
Keyword(s):  
Unemployment Insurance ◽  
Second World War ◽  
Irish Society ◽  
Crucial Importance ◽  
World War ◽  
Men And Women ◽  
Post War ◽  
Second World ◽  
Insurance Agreement

On 19 December 1946, the Irish President, Seán T. O'Kelly, signed the Unemployment Insurance Act into law. This innocuous-sounding piece of legislation has received very little attention from historians, but was of great importance to one section of post-war Irish society. Under its terms, Dublin and London entered into a special scheme whereby Irish men and women who had served with the British forces during the Second World War were allowed to claim British unemployment insurance payments, while still resident in the twenty-six counties of independent Ireland. Coming at a time of unemployment and economic slump in Ireland, this was of crucial importance to many exservicemen. This article will explore the background, negotiation and implementation of the unemployment insurance agreement, and will speculate on the reasons why the Taoiseach, Éamon de Valera, agreed to it. It will also examine the British side of the scheme and explore London's motives, both concrete and notional.

scholarly journals Insurance Construction Services In Infrastructure Development

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 455
Author(s):  
Yusuf Arif Utomo ◽  
Dimas Aulia Azizi
Keyword(s):  
Service Provider ◽  
Service Providers ◽  
Insurance Companies ◽  
Infrastructure Development ◽  
Insurance Company ◽  
Conceptual Approach ◽  
National Interests ◽  
Legal Concepts ◽  
Construction Services ◽  
Insurance Agreement

The Construction Services Insurance Agreement has an important role in infrastructure development in Indonesia. It is considering that at present, the Indonesian government is very active in building infrastructure in various corners of the region in the framework of equitable economic stability. The guarantor, in this case, the insurance company provides guarantees in terms of planning up to maintenance. Or before construction up to post-development within a certain period. Insurance agreements made with a variety of considerations, including; protect national interests, avoid contractors who default or have bad intentions, geographical factors in an area, and so forth. But on the other hand, it also to protect the interests of contractors or construction service providers (the insured). For this research, the focus is on the accountability of construction service providers as consumers of insurance companies because construction service providers require insurance companies to transfer some of the risks while carrying out development projects. If in the course of the project an undesirable event occurs starting from the collapse of the building, damage to heavy equipment and so on, which fall within the scope of the object of the insurance agreement, the construction service provider can file a claim against the insurance company to compensate the loss suffered by the construction service provider. Thus it is necessary to analyze the legal relationships and procedures between construction service providers and insurance companies related to infrastructure development. In analyzing and answer the legal issues above, the research methods used are the statute approach (based on applicable laws). And the conceptual approach (based on legal concepts or theories from legal experts).

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