scholarly journals The Issue of Determining the Amount of Insurance Compensation if the Insured Event Accurs under the Developer’s Civil Liability Insurance Contract

2021 ◽  
Vol 16 (2) ◽  
pp. 39-46
Author(s):  
A. A. Goncharova
Keyword(s):  
Civil Liability ◽  
Insurance Contract ◽  
Liability Insurance ◽  
Minimum Amount ◽  
Second Stage ◽  
Shared Equity ◽  
Insured Event ◽  
Insurance Compensation

The author considers different ways for determining the amount of insurance compensation to be paid to the participant of shared-quity construction in case of occurrence of an insured event in the form of recognition of the developer’s insolvency (bankruptcy) or foreclosure of a collateral. The purpose of the paper is to identify approaches to the determination of this amount used by insurers at different stages of implementation of the mechanism of the developer’s civil liability insurance and to analyze these approaches’ legality. The author analyzes actual jurisprudence in cases involving insurers and participants in shared-equity construction. It is established that at the first stage in the legislation there were no rules for determining the amount of insurance compensation in this area, and insurers determined it at their discretion. At the second stage, when the minimum amount of insurance compensation was consolidated in law, insurers faced controversy caused by a mismatch between the amount originally paid by the construction participant under an equity participation agreement and the amount to be paid. The author concludes that, at the second stage, the disagreement concerning the amount of insurance compensation is caused by the insurers’ abuse of right.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

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.

THE NEED TO CONCLUDE A CONTRACT ON OBLIGATORY INSURANCE OF THE EMPLOYER'S CIVIL LIABILITY

2021 ◽  
Vol 6 (5) ◽  
pp. 40-47
Author(s):  
Rustam Khursanov ◽  
Keyword(s):  
Occupational Disease ◽  
Civil Liability ◽  
Insurance Contract ◽  
Liability Insurance ◽  
Compensation For Damage

This article deals with the necessary terms of the employer's civil liability insurance contract, the need for the employer to conclude a civil liability insurance contract, the term of the contract, the employee's disability at work, occupational disease or other damage to his life or the civil liability of the employer for compensation for damage to health

scholarly journals POSTANOWIENIA ZAKAZUJĄCE STRONIE STOSUNKU UBEZPIECZENIA ODPOWIEDZIALNOŚCI CYWILNEJ SAMODZIELNEGO DOKONYWANIA CZYNNOŚCI USTALAJĄCYCH W USTAWODAWSTWACH PAŃSTW CZŁONKOWSKICH UNII EUROPEJSKIEJ

2017 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
Małgorzata Serwach
Keyword(s):  
German Law ◽  
Civil Liability ◽  
Insurance Contract ◽  
The Other ◽  
Liability Insurance ◽  
European Law ◽  
Law System ◽  
Prior Consent ◽  
Insured Person ◽  
Injured Party

PROVISIONS PROHIBITING A PARTY TO A CIVIL LIABILITY INSURANCE CONTRACT FROM PERFORMING DECLARATORY ACTS IN THE LEGISISLATIONS OF THE MEMBER STATESSummaryAt the m om ent of the insurance occurence a stage o f cooperation, in a broad sense, comes into existence between the parties of a civil liability insurance contract. Its aim is not only a defense against a debt but also against fixing it at an excessive level.An insurance agency, which is actually threatened with an obligation to pay damages, imposes additional duties on the other party. The main duties are the following: a ban on fulfilling the injured party’s claims on his own, concluding a settlement or adm itting the claims. The aim of these bans is protection against overhasty decisions and statements of the insured person as well as against the unfairness o f an entity being in collusion with the injured party which may deliberately mislead the insurer in order to get excessive damages. In some instances the insured party may be led by compassion or regret or act under the influence o f strong emotions justified by the circumstances of the accident. Independently of the intentions of the insured, an insurance agency’s liability has an accessorial nature; it is responsible w ithin the same scope as the insured.The topic of this article are the provisions prohibiting the insured from declaratory actions w ithout a prior consent o f the isnsurance agency. Although they are on principle applied in all European law systems, they are not uniform. My analysis regards the solutions of French and German law as well as in the com m on law system; Polish accession to European U nion makes it necssary not only to prom ote our own practice but also to familiarise with the experience of foreign legislations. 

The Statutory Duty of Customer Needs and Requirements Assessment in Liability Insurance

2019 ◽  
Vol 2 (99) ◽  
pp. 35-48
Author(s):  
Małgorzata Serwach
Keyword(s):  
Civil Liability ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Customer Needs ◽  
Insurance Cover ◽  
Statutory Duty ◽  
General Rules ◽  
Legal Concepts

The article aims at considering the general rules for the assessment of customer needs and requirements as well as presenting the reasons for the introduction of this obligation and showing the differences between the above-mentioned legal concepts. Furthermore, the author examines the necessity to recognize the customer needs and requirements in the civil liability insurance. She emphasizes that, due to the nature of the civil liability insurance, it is a fundamental need of the liability insurance customer to conclude an insurance contract with the insurance cover as comprehensive as possible. In contrast to other types of insurance, in the case of which the claims settlement or the amount of compensation are also important, in liability insurance customers want to obtain a guarantee that in the event of an injury to a third party they will not be obliged to compensate it personally. This obligation will be ‘taken over’ by the insurer, with whom the liability insurance contract has been signed. It is the policyholder (the insured) and not the injured who is the liability insurance customer, whose needs and requirements are analyzed.

Compulsory civil liability insurance, financial security: An integral component of compensation for ship-source oil pollution damage

2021 ◽  
Vol 33 (2) ◽  
pp. 435-441
Author(s):  
Pham Van Tan
Keyword(s):  
Large Scale ◽  
Oil Spills ◽  
Oil Pollution ◽  
Civil Liability ◽  
Economic Loss ◽  
Liability Insurance ◽  
Financial Security ◽  
Pollution Damage ◽  
Significant Harm ◽  
Oil Tankers

Oil pollution damage caused by oil spills at sea generally occurs on a large scale across numerous regions and countries, causing significant harm to marine ecosystems as well as worldwide economic loss. The costs are so severe in many instances that the owner of the ship responsible for the pollution cannot afford to pay compensation to those who have suffered loss. As a consequence, the need to cover oil pollution damages has given rise to compulsory liability insurance, which provides a financial guarantee against the costs of oil spills. Compulsory civil liability insurance has therefore become an indispensable part of the liability regime for owners of oil tankers and bunkers.

Features of civil liability insurance of organizations operating hazardous facilities

2020 ◽  
pp. 32-36
Author(s):  
Oksana Grigorievna Gortsevskaya ◽  
Veronika Alexandrovna Frolova
Keyword(s):  
Civil Liability ◽  
Liability Insurance
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