The plain meaning of wrongful entry or eviction or other invasion of the right of private occupancy: Why standard‐form personal injury insurance coverage applies to pollution claims

1999 ◽  
Vol 12 (1) ◽  
pp. 71-101
Author(s):  
John S. Vishneski ◽  
Angela Elbert Dietz
2021 ◽  
Vol 5 ◽  
pp. 77-81
Author(s):  
V. V. Kulakov ◽  

The article discusses the controversial issues of compensation for physical harm caused to an employee. The article analyzes the possibility of satisfying the claim for compensation of such expenses, presented directly to the harmer, provided that the insurance coverage is obtained at the expense of the Social Insurance Fund. The conclusion is made about the possibility of such a claim. At the same time, the conditions for its satisfaction are determined, including the victim»s need for such expenses, taking into account the right to choose a doctor and a medical organization, in the absence of signs of abuse of the right.


2019 ◽  
Vol 117 ◽  
pp. 117-132
Author(s):  
Karolina Stopka

MATERNITY ALLOWANCE AFTER THE EXPIRY OF ILLNESS INSURANCE — SELECTED ISSUESThe study analyzed the regulation of maternity allowance after the expiry of illness insurance contained in Article 30 of the Act on Cash Benefits from Social Insurance in Case of Illness and Motherhood. This analysis was carried out in terms of the grounds justifying insurance coverage after the expiry of the insurance, the type of events covered by the protection as well as the circumstances conditioning the use of it. When assessing the circumstances determining the right to the allowance, the provisions of the Labour Code determining the rights of employees in relation to parenthood and in the case of an unlawful termination of the employment contract by the employer were referred to. The study also referred to the construction of the allowance and formulated de lege ferenda postulates.


2020 ◽  
pp. 137-155
Author(s):  
Nadiia CHUDYK-BILOUSOVA

The concept of a social assistance agreement, its parties and purpose, which depends on the type of agreement, is defined. The system and mechanisms of concluding social assistance agreements as a basis for the formation of a non-state social security system are studied. The legislation does not contain a single list and mechanics of conclusion and execution. Under a social assistance agreement, the recipient, as a person in difficult life circumstances that he or she cannot overcome or mitigate on his or her own, may receive material benefits or other intangible benefits at the expense or with the participation of the provider under certain conditions. The purpose of concluding a contract is to assist in overcoming or mitigating difficult life circumstances at the expense of the provider's funds or property, or by raising funds or the provider's property, using non-state social security funds for a certain period. A person in need of social security has the right to use the assistance of a charitable organization in the form prescribed by law. On the basis of the agreement it is possible to receive services from volunteers and the volunteer organization. The probation volunteering contract is concluded to achieve the goal set by law, so it is advisable to set clear requirements for the probation volunteer. It is substantiated that the content of the inheritance agreement may stipulate the provision of social security to the alienator on the terms specified in the agreement. It is established that social security for children in difficult life circumstances can be provided by concluding social assistance agreements. The expediency of applying a foster care agreement to a child who has suffered from human trafficking, who has lost his or her parents or whose parents are unable to perform their duties due to health or other reasons in order to ensure that he or she is provided with social security under the conditions specified by law. The expediency of applying a foster care agreement for the immediate provision of family care for a child for a period when his family status is uncertain is indicated. It is substantiated that the purpose of the agreement on the placement of a child in foster care and cohabitation in a foster family is to provide him with social security and create conditions for learning and development. It is established that the purpose of the agreement on the establishment of a family-type orphanage is to guarantee the provision of social services and state assistance. On the basis of the conducted research the expediency of normative fixing of the standard form of the contract on rendering services of the municipal nanny that will promote coordination of interests of the parties of this contract and protection of their rights is proved. Keywords: contract, social assistance contract, purpose of contract, parties to contract, difficult life circumstance.


2014 ◽  
pp. 159-172
Author(s):  
Marta Kulikowska

The paper analyses the right to a court in the context of the right to reasons for judgment. In the proceedings before the administrative courts in cases, in which the complaint has been dismissed, reasons for judgment shall be given at the request of a party filed within seven days from the day of pronouncement of the judgment or delivery of a transcript of its operative part of the judgment. Reasons for the judgment of the court of first instance is necessary to appeal against this judgment. However, the courts often refuse to prepare it. The courts state that the request for reasons has not been submitted in time-limit prescribed by law. The parties often fail to meet the time-limit, because of misunderstanding of court’s instructions. Those instructions are given on the standard form, together with the information about the date of the hearing. The standard form is not clear and do not precisely show the correct way of party’s behavior. The paper postulate that it could be remedied by establishment of clear rules of conduct.


2014 ◽  
Vol 5 (3) ◽  
pp. 399-406
Author(s):  
Vadim Mantrov

In reviewing two similar cases, the CJEU clarified several essential elements of EU motor insurance law. First, the CJEU clarified the concept of “personal injury” as an insurable risk (another is damage to property) by holding that it also covers non–material damage and the concept of “injured party” by establishing that it also covers the next of kin of a person who died as a result of a road traffic accident. Second, the CJEU affirmed its previous case law that EU Member States are precluded from lowering the minimum insurance coverage as set in the amount of 350 000 euro by EU motor insurance law. In particular, the CJEU found that a Latvian national legal provision which provides fixed insurance redress in the amount of 142 (now 150) euro for non–material damage for the next of kin of a person who died in an accident is incompatible with EU motor insurance law (author's summary).


2013 ◽  
Vol 405-408 ◽  
pp. 3442-3446
Author(s):  
Wei Ke Chen ◽  
Chun Wang

The general contractors and owners face more risk in the EPC contract. But the people are usually used in international projects, and it has been applied in Chinese, the use of engineering insurance risk transfer, so choose the right insurance coverage critical to the promotion of the EPC contract. This paper by engineering insurance insuring the two modes: We analysis with the owners insured mode and contractors insured mode, that the contractor insured model is more suitable for the EPC contract, control more effective risk, and eventually reach the owners and contractors a common profits.


2018 ◽  
Vol 36 (6) ◽  
pp. 1125-1144 ◽  
Author(s):  
Stefan Mau ◽  
Irena Pletikosa ◽  
Joël Wagner

Purpose The purpose of this paper is to demonstrate the value of enriched customer data for analytical customer relationship management (CRM) in the insurance sector. In this study, online quotes from an insurer’s website are evaluated in terms of serving as a trigger event to predict churn, retention, and cross-selling. Design/methodology/approach For this purpose, the records of online quotes from a Swiss insurer are linked to records of existing customers from 2012 to 2015. Based on the data from automobile and home insurance policyholders, random forest prediction models for classification are fitted. Findings Enhancing traditional customer data with such additional information substantially boosts the accuracy for predicting future purchases. The models identify customers who have a high probability of adjusting their insurance coverage. Research limitations/implications The findings of the study imply that enriching traditional customer data with online quotes yields a valuable approach to predicting purchase behavior. Moreover, the quote data provide supplementary features that contribute to improving prediction performance. Practical implications This study highlights the importance of selecting the relevant data sources to target the right customers at the right time and to thus benefit from analytical CRM practices. Originality/value This paper is one of the first to investigate the potential value of data-rich environments for insurers and their customers. It provides insights on how to identify relevant customers for ensuing marketing activities efficiently and thus avoiding irrelevant offers. Hence, the study creates value for insurers as well as customers.


Author(s):  
Maria Hook

This paper proposes that cover provided for "personal injury" within the current Injury Prevention, Rehabilitation, and Compensation Act 2001 should be extended to include man-made disease. The concept of man-made disease is used to distinguish between naturally occurring diseases and diseases that are predominantly caused by human activities.  An analysis of the existing principles within the accident compensation scheme reveals that such an amendment is supported by three principles in particular: the replacement of the right to sue for personal injury, community causal responsibility and prevention. It is argued that as well as introducing long-needed consistency into the scheme, cover for man-made disease would remedy some of the problems regarding compensation for work-related diseases. 


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