scholarly journals The Problem of Multiplicity of Insurance Contracts from the Fire to the Money of the Insured in the Jordanian Civil Law

2017 ◽  
Vol 6 (10) ◽  
pp. 39
Author(s):  
Dr. Nabeel Farhan Al Shatanawi
Keyword(s):  
Civil Law ◽  
Good Faith ◽  
Insurance Companies ◽  
Insurance Company ◽  
Bad Faith ◽  
Insurance Contracts ◽  
Insurance Cover ◽  
Legislative Regulation ◽  
The Right

<p>The insured, in some cases the conclusion of more than a decade of insurance against risk of fire to more than insurance companies, so as to increase the total amount of insurance cover for the value of the money of the insured, what is the extent of commitment by all insurance companies to pay compensation when the risk of fire? This study sheds light on the position of the Jordanian legislature to demonstrate the shortcomings and imperfections in the drawback of legislative texts the issue of multiple insurance contracts from the fire, and realized the need to restore the Jordanian legislature consideration of this legislative regulation in terms of the need to distinguish between the insurer and the good faith and bad faith in the case of multiple insurance contracts and their impact on the right to obtain compensation when the danger, and the provisions of the commitment of the insured to notify the insurance company in multiple insurance contracts.             </p><p dir="rtl" align="center"> </p>

scholarly journals Protecting Possession, a Question of Values? A Comparative Inquiry into the Moralization of Possession in Brazil and Canada

2015 ◽  
Vol 44 (2) ◽  
pp. 391-443
Author(s):  
Anne-Françoise Debruche ◽  
Gustavo Tepedino ◽  
Pablo Renteria
Keyword(s):  
Civil Law ◽  
Good Faith ◽  
Bad Faith ◽  
Real Property ◽  
The Social ◽  
Adverse Possession ◽  
The Right ◽  
Comparative Inquiry ◽  
Court Of Appeal ◽  
Do So

This paper focuses on possessory protection of immovables (or real property) in Brazilian civil law and Canadian common law. In both jurisdictions, possession enjoys a specific protection or status, which in turn relates to the rest of property law, particularly the law of acquisitive prescription, in a specific way. But in and by itself, despite these conceptual differences, possessory protection in Canada or Brazil works in an objective fashion: it is not denied to possessors in bad faith as a principle. Nonetheless, in both systems, the institutions designed to protect possession have been “moralized” by judges to echo concerns similar to those voiced in relation to acquisitive prescription, but also to emphasize human rights, constitutional values and good faith. In Brazil, this moralization process is the consequence of the emergence of a constitutionalized civil law and of the social function of the right of ownership. In several cases, it has allowed illicit buildings to remain where they are despite the owner’s claim, for instance when a favela has appeared on a land neglected by its owner for years. In England, the possessor’s good faith has been scrutinized through his intent to possess, and under the lenses of the future enjoyment criteria, later rejected by the Court of Appeal. In Canada, the test of the inconsistent use of the land has played the same moralizing role and continues to do so, to deny the benefit of adverse possession to squatters and to prevent them from enjoying possessory protection.

scholarly journals AN EXPLORATORY RESEARCH STUDY OF MARKETING STRATEGIES OF IDBI FEDERAL INSURANCE CO. LTD

2021 ◽  
pp. 478-483
Author(s):  
Himanshi Goyal ◽  
Dr. Navneet Joshi ◽  
Sanjive Saxena
Keyword(s):  
Life Insurance ◽  
Coming Out ◽  
Research Study ◽  
Research Work ◽  
Marketing Strategies ◽  
Insurance Companies ◽  
Primary Data ◽  
Exploratory Research ◽  
Insurance Company ◽  
Insurance Cover

This paper is covers the exploratory research study on the marketing strategies of IDBI Federal Insurance, Company. In the Indian context, Insurance companies are playing a major role in the development of Indian economy. With the entry of many private players in the insurance industry, the competition has risen manifold and hence insurance companies are coming out with innovative marketing strategies to woo the customer. This was the reason for narrowing down the scope of the research work. The present paper is an exploratory research study on the marketing strategy of IDBI Federal Insurance Company. The paper seeks to address the following objectives (a) To determine the marketing strategies of IDBI Federal Life Insurance Co. Ltd (b) To determine the means and mechanism deployed by IDBI Federal Life Insurance Co. Ltd. Applying the marketing mix and to determine the effectiveness of the strategy and (c) to understand the reasons which provide competitive advantage to IDBI Federal Life Insurance Co. Ltd. The paper is developed on the basis of elementary primary and secondary data available in the Internet and other documents and journals. The design of the paper follows a structured approach. The literature review resulted in the generation of the research objectives. The primary data was collected by means of Google Forms and MS Excel was used for data analysis. Descriptive Statistics is used to arrive at the findings and interpretation. The findings indicate that the majority of the people seek insurance cover for the purpose of having risk cover and availing several benefits associated with the life insurance policies. Further, the findings indicate that there is a need to capitalize social media platform for generating awareness to drive the market growth. KEY WORDS: IDBI, Insurance, Marketing, Policies, Strategies

scholarly journals Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit

2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Human Need ◽  
Legal Position ◽  
Policy Holder ◽  
The Right

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.

scholarly journals Apstākļu izmaiņu ietekme uz līguma saistošo spēku un labas ticības princips

2021 ◽  
pp. 128-133
Author(s):  
Kaspars Balodis ◽  
Keyword(s):  
Civil Law ◽  
Good Faith ◽  
The Other ◽  
Fundamental Change ◽  
Contractual Obligations ◽  
The Right

According to the Civil Law of Latvia, Article 1587, a contract imposes on a party a duty to perform the promise, and neither the exceptional difficulty of the transaction, nor difficulties in performance arising later, shall give the right to one party to withdraw from the contract, even if the other party is compensated for losses. The Civil Law does not recognise a fundamental change in circumstances as a ground for adjustment or cancellation of a contract, although the doctrine is well known in the country. In many cases, Covid-19 restrictions have been damaging to parties’ ability to perform their contractual obligations. Under certain conditions, the principle of good faith (Article 1 of the Civil Law) could be applied to adjust contracts to the changed circumstances.

scholarly journals REGISTER OF BAD-FAITH SUPPLIERS AND PRINCIPLE OF GOOD FAITH IN CIVIL LAW

2021 ◽  
pp. 15-20
Author(s):  
Федор Федорович Жуков
Keyword(s):  
Civil Law ◽  
Good Faith ◽  
Bad Faith ◽  
Federal Law ◽  
The Public ◽  
Actual Content

В статье показываются изменения Федерального закона от 05.04.2013 № 44-ФЗ «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд», вступающие в силу 01.07.2021. Доказывается, что наименование реестра недобросовестных поставщиков и его фактическое содержание не совпадают. Оспаривается критерий включения исполнителей в публичный реестр на основании их недобросовестности. Приводятся предложения по совершенствованию действующего законодательства. The article shows the changes in the Federal Law of 05.04.2013 No. 44-FZ «On the contract system in the field of procurement of goods, works, services to meet state and municipal needs», which enter into force on 01.07.2021. It is proved that the name of the register of bad-faith suppliers and its actual content do not coincide. The criterion for including contractors in the public register on the basis of their bad faith is contested. The suggestions for improving the current legislation are provided.

Common Law, Civil Law, and the Single European Market for Insurances

2006 ◽  
Vol 55 (4) ◽  
pp. 879-910 ◽  
Author(s):  
Giesela Rühl
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Contract Law ◽  
Insurance Contract ◽  
Insurance Companies ◽  
Insurance Supervision ◽  
Insurance Contracts ◽  
Cross Border ◽  
Single European Market ◽  
Consumer Insurance

AbstractFifty years after the foundation of the European Communities, the single market for insurances has not yet become a reality. Despite the harmonization of insurance supervision law, insurance companies still essentially refrain from cross-border activity when it comes to small commercial and consumer risks. Since this finding is usually attributed to the lack of common rules on insurance contracts, this article sets out to lay the foundation for the harmonization of the corresponding national laws. By providing a comparative analysis of two of the most pervasive issues in consumer insurance contract law, the article proves that common law and civil law are not as far apart as commonly assumed. It thus refutes the widely held belief that the insurance contract laws of common law and civil law countries are too different to be harmonized.

scholarly journals LifeInsure: Choosing a Product Administration System to Manage Their Product Lifecycle

10.28945/3909 ◽  
2017 ◽  
Vol 2 ◽  
pp. 001-025
Keyword(s):  
South Africa ◽  
Business Strategy ◽  
Insurance Companies ◽  
Insurance Company ◽  
Aging Workforce ◽  
Administration System ◽  
Increased Risk ◽  
Automated Coding ◽  
Global Economic Growth ◽  
The Right

Joseph Bromer, Head of IT Solutions Delivery at LifeInsure Emerging Markets, deliberated on a challenge that he had just been given. TIBCO, a vendor supporting ObjectStar, notified LifeInsure that support for the application would cease at the end of 2017. ObjectStar was the Product Administration System (PAS) system used by LifeInsure. The ObjectStar platform was called Alpha and was used in over 200 applications. There were a number of risks, which added more pressure including the scarcity of skills and an aging workforce, but the key risk related to this was the lack of ongoing support. LifeInsure PLC was a leading insurance company in South Africa. Long-term insurers formed a big part of the financial sector in the economy of the country. Most insurance companies like LifeInsure were dependent on the global economic growth which influenced the growth of their organizations. South Africa’s economy showed decline at the end of 2015. This impacted LifeInsure’s performance. An aging PAS contributed to slowing down product delivery and increased risk. Alpha was business critical to the organization. The Alpha platform was divided into Alpha 1, 2 and 3. Alpha 3 was the main PAS system which was used for their main product range within Retail Affluent South Africa. These platforms execute various functions and integrate with various systems internally and externally. TIBCO formally proposed an option of migrating ObjectStar to their Business Works suite, including an automated coding port into Java. While TIBCO proposed migration as an option, noting that Java was trendy, LifeInsure had to make a very important decision. Should LifeInsure go with the solution of automatically porting, or should they explore other options, particularly for the core business applications? Whatever decision they made, it had to be future-fit for the organisation. Looking at these challenges, how should Joseph Bromer respond to this? In order to make an informed decision, it was clear that Joseph Bromer had to initiate an investigation into the PAS system that had been used by the business and the processes that underpinned this technology. It was important that the decision moved towards supporting the revised business strategy. The revised strategy was to move towards a center of excellence operating model. The product innovation department was working on a refreshed product strategy for the 3–core product ranges, which were: the protection range, savings range and the income range. Elements of these demanded that the right solution be sourced. These elements would allow for efficiencies enablement, giving rise to simpler product maintenance processes, service processes, sales processing, etc.

Legal Specifics of Bankruptcy Proceedings of Insurers in Ukraine

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Nino B. Patsuriia ◽  
Valeria V. Radzyviliuk ◽  
Nataliіa V. Fedorchenko ◽  
Ivan R. Kalaur ◽  
Mikhail I. Bazhenov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Insurance Contracts ◽  
The Law ◽  
Legal Consequences

Abstract Many countries adopted legal regulation of insolvency problems of insurers and rules for bankruptcy proceedings (insolvency) to mitigate and prevent consequences of bankruptcy and preserve the assets of insurance companies. To a certain extent, Ukraine follows the similar track. The authors describe the specifics of bankruptcy proceedings, defined by the laws of Ukraine on bankruptcy, and “complicated” by the legal status of the insurance company. On the basis of the analysis, the authors put forward a proposal to modernize bankruptcy law as part of the legal regulation of bankruptcy of insurers-debtors (bankrupts). It is established that the Law of Ukraine of 1992 provides for the possibility of applying a procedure of sanation to the insurers. The authors state that the specific legal consequences of the liquidation procedure and the recognition of a debtor as a bankrupt include the termination of all insurance contracts and sale of property. It has been established that the incoherence of bankruptcy laws of different countries is explained by different approaches to legal regulation.

scholarly journals Dynamic decision problems in an insurance company

1968 ◽  
Vol 5 (1) ◽  
pp. 118-131 ◽  
Author(s):  
Karl Borch
Keyword(s):  
Insurance Contract ◽  
Decision Problems ◽  
Insurance Company ◽  
The Public ◽  
Insurance Contracts ◽  
Preceding Paragraph ◽  
Frame Work ◽  
The Right ◽  
Made In ◽  
Total Payment

1.1. — In this paper we shall consider some of the decisions which have to be made in the normal course of business in an insurance company. We shall see that the “right” decisions can be found only when the problems are analysed in their proper dynamic context.As examples of the decision problems which we shall study, we can mention the following:(i) What premium rates should be quoted on the insurance contracts, which the company offers to the public?(ii) How much should the company spend to promote the sale of its policies?(iii) When should the company refuse to underwrite a proposed insurance contract?(iv) How shall the company reinsure its portfolio of insurance contracts?(v) What reserve funds should an insurance company keep?(vi) How shall the company's funds be invested?Any actuary will be familiar with such problems, and he will probably feel that these problems cannot be satisfactorily solved with the methods offered by the classical actuarial theory.1.2. — In some earlier papers [I] and [2] it has been argued that such problems can best be solved in the frame work of utility theory. As an illustration we shall take Problem (iii) in the preceding paragraph, and consider an insurance company in the following situation:(i) The company has a capital S.(ii) The company holds a portfolio of insurance contracts which will lead to a total payment of x to settle claims. F1(x) is the distribution of the variate x.

scholarly journals Peculiarities and Priorities of the Insurance Market Development During the COVID-19 Pandemic

2021 ◽  
Vol 10 (525) ◽  
pp. 330-336
Author(s):  
O. Y. Zhabynets ◽  
Keyword(s):  
Mobile Application ◽  
Insurance Market ◽  
Insurance Companies ◽  
Insurance Company ◽  
The Novel ◽  
It Infrastructure ◽  
Key Factors ◽  
Insurance Contracts ◽  
Active Implementation ◽  
The Impact

The article analyzes the features, trends and priorities in the development of the insurance market in Ukraine in the context of the COVID-19 pandemic. In particular, the main indicators of the development of the insurance market during the pandemic 2020 were analyzed and the comparison of these indicators from 2019 was made. The main factors that in today’s realities will encourage consumers to buy insurance protection are allocated, the peculiarities of interaction of insurers with insurance companies when concluding insurance contracts during the quarantine period are highlighted. It is determined that development of the insurance market in Ukraine in the context of the global coronavirus pandemic and in the novel regulatory conditions was characterized by the active implementation of innovative technologies in the activities of insurance companies and the «purification» of the market from weak and inefficient companies. It is proved that according to the main indicators of development, the market has suffered a slight recession, and therefore, the impact of the pandemic on the insurance market in Ukraine can be considered moderate. It is detected that the key factors when choosing an insurance company to buy insurance protection today are: opportunity to purchase an insurance service online; individual tariffs for each consumer based on their specific needs; presence of an easy-to-use mobile application. Thus, insurance companies that will be able to quickly reorganize their IT infrastructure to simplify the customers’ access to insurance services, providing the most convenient way (channel) of interaction, and offering products that best meet their lifestyle and needs, will strengthen consumer confidence and develop their business within those consumer ecosystems that are being formed in today’s turbulent conditions of development.

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