scholarly journals Aggravation of Risk and Precautionary Measures in Non-Life Insurance: A Tricky Scope for the Insurer?

2015 ◽  
Vol 8 (2) ◽  
pp. 1-45 ◽  
Author(s):  
Luik Olavi-Jüri ◽  
Ratnik Rainer ◽  
Braun Magnus
Keyword(s):  
Life Insurance ◽  
Contract Law ◽  
Insurance Contract ◽  
Baltic States ◽  
Insurance Law ◽  
Precautionary Measures ◽  
Optional Instrument ◽  
The One ◽  
The Baltic ◽  
European Insurance

Abstract Aggravation of risk and failure to take precautionary measures are focal issues in non-life insurance in terms of potential partial or full release of the insurer from the duty to perform. Not infrequently, it is difficult to draw a line between the aggravation of risk on the one hand, and non-compliance with precautionary measures on the other, since a particular action by a policyholder may present both situations. At the same time, the legal remedies available to the insurer regarding these two situations are different in scope. The aggravation of risk and non-compliance with precautionary measures are precisely the bases on which insurers actually reduce indemnity or refuse to compensate for damages. This article explores the differences between insurance laws in the Baltic states—specifically, the Estonian Law of Obligations Act, the Latvian Insurance Contract Law and Lithuanian rules contained in the Civil Code and Insurance Law. The article explores the differences between the Baltic states’ insurance laws and the Principles of European Insurance Contract Law (PEICL) with regard to a policyholder’s duty in relation to aggravation of risk and precautionary measures, as the rights and obligations of policyholders do change where the optional instrument is applied. The article also includes comparisons to German, Finnish and Russian insurance law.

PHILOSOPHICAL BATTLE AGAINST MORAL HAZARD: DO WE NEED LAW METHODOLOGY CHANGE FROM “ALL OR NOTHING PRINCIPLE” TO “PRINCIPLE OF PROPORTIONALITY”?

2021 ◽  
Vol 3 (3) ◽  
pp. 124-138
Author(s):  
Olavi-Jüri Luik ◽  
Mats Volberg
Keyword(s):  
Moral Hazard ◽  
Insurance Contract ◽  
Comparative Approach ◽  
Insurance Law ◽  
Insurance Contracts ◽  
The People ◽  
Principle Of Proportionality ◽  
The Baltic ◽  
European Insurance ◽  
Legal Methodology

Introduction: this article looks into the central problem in insurance law, where the principle of “all or nothing” applied by insurance providers and legislators to moral hazard (if the risks of people are covered with insurance contracts then the people often change their risk behavior to involve higher risks by presuming that the concluded insurance contract always covers the loss incurred) is being replaced by the principle of proportionality in the modern insurance law of Western countries. Purpose: to identify significant methodological changes in determining the scope of performance of an insurance provider’s obligation caused by the application of the principle of proportionality. Methods: the authors use the approach of the Baltic Sea States (e.g. Estonia, Lithuania, Russia and Finland) and PEICL (Principles of European Insurance Contract Law1) in a comparative approach, analyzing the respective paradigmatic methodological shift (which currently among the named countries is directly reflected only in the Finnish Insurance Contract Act2) in the context of practical philosophy. Results: the paper demonstrates the necessity to change the paradigmatic legal methodology, according to which the principle of “all or nothing” would be replaced by the principle of proportionality.

scholarly journals Insurance related problems in bareboat charter agreements

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Albano Gilabert Gascón
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Third Parties ◽  
Insurance Contract ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The One ◽  
The Baltic ◽  
The Relationship

AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

National Historical Myth as an Element of the Baltic States’ Strategic Cultures: Examining Postage Stamps

Istoriya ◽  
2021 ◽  
Vol 12 (7 (105)) ◽  
pp. 0
Author(s):  
Vladislav Vorotnikov
Keyword(s):  
The State ◽  
Historical Narrative ◽  
Baltic States ◽  
Political Class ◽  
Semiotic Model ◽  
Contemporary Politics ◽  
Postage Stamps ◽  
Relative Proximity ◽  
The One ◽  
The Baltic

The article examines the structure of national historical mythology of the Baltic states (Estonia, Latvia, Lithuania) with an emphasis on the foreign policy dimension based on the analysis of their issues of the postage stamps. Since issuing of the postage stamps is a product of consensus between the state and civil society, their topics and images presented on them, on the one hand, may be considered as a part of the semiotic model of the state image, thus reflecting its stance on processes, events, phenomena or personalities of the past and the present and, accordingly, shaping, transforming or supporting a certain nation-forming mythology or state ideology; on the other hand, they reflect mass perceptions of the dominant national historical narrative, and often the priorities of contemporary politics. Due to the specifics of the Baltic states’ history and the dominant values and ideology of their political class, the mainstream historical narrative is inevitably turned outward, that makes the analysis of its main elements extremely operational in the study of their strategic cultures. The article proposes the author's attitude to categorizing and highlighting the main chronological and thematic elements of the arrays of postage stamps of Latvia, Lithuania and Estonia from 1990 to 2020. On the basis of discourse and selective iconographic analysis, the key elements of national historical narratives and their coherence with the foreign political positioning and strategies of the Baltic states are identified and analyzed. A comparative analysis of the three country cases allows us to pinpoint their relative proximity as well as some specific features.

scholarly journals Comparative analysis of methods to identify road sections with high accidents risk: a case study of E67 Estonia–Latvia–Lithuania corridor

2021 ◽  
Vol 334 ◽  
pp. 02001
Author(s):  
Maria Pashkevich ◽  
Anton Pashkevich
Keyword(s):  
Safety Management ◽  
Black Spot ◽  
Core Network ◽  
Baltic States ◽  
Safety Issues ◽  
Baltic Countries ◽  
Efficient Management ◽  
North Eastern ◽  
The One ◽  
The Baltic

E67 road is a strategically important part of a North Sea – Baltic Core Network Corridor, connecting the three Baltic States with Finland, on the one hand, and with North Eastern Poland, on the other. So-called Via Baltica corridor services more than 30 000 vehicles per day being one of the major arteries for transit and heavy good vehicles transport in the region. Annually around 8 000 road accidents with casualties occur in the three Baltic States with more than 500 fatalities a year. Relatively high road safety risk exposure requires more efficient management of infrastructure safety issues. The three Baltic States use either black spot management (BSM) or network safety management (NSM) or a combination of these two approaches to treat dangerous road sections of the network. In this article three methodologies used in the Baltic countries for dangerous road sections and spots identification were described. Quantitative analysis of dangerous sections/spots identified by the three methodologies was performed for the whole Via Baltica corridor to reveal the differences between the methods used.

OSIGURANjE ŽIVOTA U KORIST TREĆIH LICA

2021 ◽  
pp. 535-551
Author(s):  
Zoran Miladinović ◽  
Keyword(s):  
Life Insurance ◽  
Legal Status ◽  
Insurance Contract ◽  
Third Party ◽  
Insurance Companies ◽  
Insurance Law ◽  
Legal Provisions ◽  
Insured Person ◽  
Insured Event

Insurance of life in favor of third parties is more important than the insurance of life in case of death. Moreover, in some rights this type of insurance can be contracted only in the event of the death of the insured person. There are no such restrictions in our insurance law, which means that the same can be agreed in case the isured person reaches a certain age. With this type of insurance, the insured event can be realized on the person of the insurance policyholders or on some other person. The insured person can therefore be the insurance contractor himself and it can also be another person. Considering that in this type of insurance, upon the occurrence of the insured event, the payment of the insured amount is always made to a certain third party beneficiary and that the insurance contract mentions several persons with different legal status, the insurance contract must clearly define the issues such as clear determination of the beneficiary insurance, what happens if the insurance beneficiary dies before the insured person, or the contractor assures, whether it is necessary for the insurance beneficiary to give his consent to be paid compensation, whether and until when the insurance policyholder can revoke the benefit he has contracted for a third party-beneficiary of the insured, etc. All these issues are mainly regulated by legal provisions, but of particular importance are General Conditions of life insurance of life insurance companies, as the above issues are clearly defined on the basis of experiences that have proven to be open in practice.

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