scholarly journals Legal Certainty of Doctor Profession Insurance Claim in Bumiputera Muda 1967 General Insurance, Pekanbaru City

Author(s):  
Ibnu Multazam ◽  
Ismansyah Ismansyah ◽  
Wetria Fauzi

PT. Asuransi Umum Bumiputera Muda 1967 Sells an insurance product called professional medical insurance, which is included in the scope of liability insurance. Liability insurance is a type of insurance that covers material losses due to legal liability to other parties, in this case a mistake or negligence committed by a doctor in carrying out his / her duties. The problems in this thesis are how is the legal certainty in medical profession insurance claims and how is legal certainty in the implementation of medical profession insurance claims at PT. Asuransi Umum Bumiputera Muda 1967, Pekanbaru City. The method used in this thesis is a juridical empiric approach. Sources of data are primary, secondary and tertiary legal materials obtained through literature and information studies, using interview guidelines and field observations. From research done shows that the rule of law in insurance claims medical profession when there is negligence medic was not found in the positive law of Indonesia, therefore, if there had been an agreement between the parties regarding the amount of compensation and payment terms then poured into agreements or agreements made in writing, either under hand or before a notary. This agreed agreement will become the law for the parties in claiming professional insurance. Furthermore, legal certainty in the settlement of medical professional insurance claims as well as implementation and obstacles both from the insurance party, the doctor as the insured or a third party, in this case the Medicolegal team

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González

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.


2015 ◽  
Vol 45 (1) ◽  
pp. 83-99 ◽  
Author(s):  
MARK EXWORTHY ◽  
PAULA HYDE ◽  
PAMELA MCDONALD-KUHNE

AbstractWe elaborate Le Grand's thesis of ‘knights and knaves’ in terms of clinical excellence awards (CEAs), the ‘financial bonuses’ which are paid to over half of all English hospital specialists and which can be as much as £75,000 (€92,000) per year in addition to an NHS (National Health Service) salary. Knights are ‘individuals who are motivated to help others for no private reward’ while knaves are ‘self-interested individuals who are motivated to help others only if by doing so they will serve their private interests.’ Doctors (individually and collectively) exhibit both traits but the work of explanation of the inter-relationship between them has remained neglected. Through a textual analysis of written responses to a recent review of CEAs, we examine the ‘knightly’ and ‘knavish’ arguments used by medical professional stakeholders in defending these CEAs. While doctors promote their knightly claims, they are also knavish in shaping the preferences of, and options for, policy-makers. Policy-makers continue to support CEAs but have introduced revised criteria for CEAs, putting pressure on the medical profession to accept reforms. CEAs illustrate the enduring and flexible power of the medical profession in the UK in colonising reforms to their pay, and also the subtle inter-relationship between knights and knaves in health policy.


2001 ◽  
Vol 28 (5) ◽  
pp. 804-812 ◽  
Author(s):  
Paul de Leur ◽  
Tarek Sayed

Road safety analysis is typically undertaken using traffic collision data. However, the collision data often suffer from quality and reliability problems. These problems can inhibit the ability of road safety engineers to evaluate and analyze road safety performance. An alternate source of data that characterize the events of a traffic collision is the records that become available from an auto insurance claim. In settling an auto insurance claim, a claim adjuster must make an assessment and determination of the circumstances of the event, recording important contributing factors that led to the crash occurrence. As such, there is an opportunity to access and use the claims data in road safety engineering analysis. This paper presents the results of an initial attempt to use auto insurance claims records in road safety evaluation by developing and applying a claim prediction model. The prediction model will provide an estimate of the number of auto insurance claims that can be expected at signalized intersections in the Vancouver area of British Columbia, Canada. A discussion of the usefulness and application of the claim prediction model will be provided together with a recommendation on how the claims data could be utilized in the future.Key words: road safety improvement programs, auto insurance claims, road safety analysis, prediction models.


2021 ◽  
Author(s):  
Sebastian Krekeler

Although the medical employment law addresses only the medical profession immediately, it does have a considerable impact on third-party rights. The statutory prohibitions of the medically assisted suicide are relevant in regard to the legal status of patients as well as in regard to the long-standing prohibition to perform reproductive medical treatments for women in homosexual relationships. This impact provides an opportunity to closely focus on the constitutional boundaries of the setting of norms regarding the functional self-administration Subsequently, these findings are applied to the regulations of the employment law. This work does not only focus on medical law but also discusses basic constitutional doctrines.


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