scholarly journals The Issue of Property Insurance Contract Termination

2016 ◽  
pp. 28-34
Author(s):  
Taras Y. Luzyanin ◽  
Keyword(s):  
Insurance Contract ◽  
Property Insurance ◽  
Contract Termination

SUBROGATION IN INSURANCE CONTRACT

2018 ◽  
Vol 28 (6) ◽  
pp. 1985-1991
Author(s):  
Tatjana Dimov
Keyword(s):  
Insurance Contract ◽  
Insurance Companies ◽  
Property Insurance ◽  
Insured Person ◽  
Legal Position ◽  
Insured Loss ◽  
Injured Party ◽  
The Right ◽  
Insurance Agreement ◽  
Responsible Person

Subrogation is a legal right characteristically reserved by property insurers. Subrogation occurs in property insurance and in some particular cases of liability insurance. The doctrine of subrogation operates to ensure protection of certain specific principles relevant to the property insurance including the principle of indemnification whereby the compensation received is no more and no less than a full indemnity for the insured loss or damage suffered by the insured due to loss occurrence, the principle of non-cumulation in terms of claims under the same insurance contract and the principle which excludes claiming indemnity from the person who is legally responsible for causing the loss, because otherwise the insurance contract may be an unjustified source of profit for the insured as the insured would get double recovery or paid out twice for the same claim.With the payment of the reimbursement from an insurance agreement on the insurer, all rights that the insured has towards the persons responsible for the damage up to the amount of the paid compensation are transferred. With the subrogation, the insurer takes up the legal position of the insured person and exercises his right to subrogation from the rights of the insured (derivative acquisition of the right), so that the insurer exceeds the claims in scope and amount as the insured had towards the perpetrator.Subrogation is the right of the insurer, it is not his obligation. The insurer is not obliged to use this right to transfer the rights to the responsible person.The notion of subrogation is often associated with the concept of insurance regression. But there is a difference between these two terms: recourse is the right of the insurer to claim the amount of compensation that he has paid to the insured (injured parties) from the harmful person, while subrogation is the transfer of the right (the claim for damages to the responsible person) from the insured to the insurer up to the amount of the compensation paid on the basis of an insurance contract. The right to recourse is a consequence of the existence of subrogation, i.e. transfer of the rights of the insured person to the responsible person, and which is reached by the law itself.Тhe subrogation doctrine also operates to ensure that the defendant or the person who is legally responsible for the loss shall not be absolved of liability under the civil law. Namely, the perpetrator should bear the consequences of his liability for the caused damage, and therefore the legislator of the insurer (as one of the contractual parties in insurance contract) has recognized the right what he has paid the injured party (as the contractual party in the insurance contract called the insured) to calm from the perpetrator.Furthermore, subrogation doctrine operates to ensure profit for the insurance companies whereby the reimbursement funds the claims or sum insured are covered from additionally grow; therefore, this doctrine is of great importance to the insurers.

The Application of the Principle of Risk in Claims Settlement in Voluntary Business Liability Insurance in the Light of Case Law

2019 ◽  
Vol 1 (98) ◽  
pp. 55-67
Author(s):  
Jacek Woronkiewicz
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Liability Insurance ◽  
Specific Character ◽  
Liability Rules ◽  
Property Insurance ◽  
Legal Situation ◽  
Insured Person

This article is an attempt to analyze the insured's liability for damages pursuant to art. 435 of the Civil Code in the context of voluntary business liability insurance. Above all, it is vital to lay down the criteria which decide about the application of the principle of risk while assessing the insured’s liability for damages.The establishment of the principle of the liability of the insured person points out the specific character of the insurance relationship in the business liability insurance contract in relation to the property insurance, as the insurer shall also assesses the legal situation of the insured person, in the light of the victim’s claims.This article explores the application of the principle of risk, according to which the insured entrepreneurs are liable and the criteria for its adoption. Besides, the roles and functions of the insurer and business liability insurance have been discussed in the context of formulating the liability rules of the insured.

Extension of product line of property insurance (insurance of memorial monuments and plates as an example)

2016 ◽  
Vol 10 (1) ◽  
pp. 186-195
Author(s):  
Ирина Суслова ◽  
Irina Suslova ◽  
Елена Бокарева ◽  
Elena Bokareva ◽  
Антонина Соколова ◽  
...  
Keyword(s):  
Product Line ◽  
Insurance Contract ◽  
Insurance Companies ◽  
Insurance Company ◽  
Material World ◽  
Property Insurance ◽  
The Law ◽  
Funeral Services

Experience of the last ten years says that monuments become the object of violations and destructions. Almost daily shocking news of vandalism on burial places are appearing in mass media. Such behavior of violators of the law causes sincere neglect and misunderstanding in decent citizens. At the same time citizens are concerned by safety of monuments as subjects of a material world, look for ways to save them from possible encroachments, and themselves from unplanned expenditure on their restoration. It is known that the monuments executed from noble stones, shod fencings and marble slabs cost much, and from time to time is very expensive. And it is twice offensive when such gravestone constructions are exposed to attack and plunder. Today in Russia there are protected cemeteries, but as practice shows, and protection isn´t able to save a grave from this trouble. In that case insurance companies come to the rescue. They are ready to compensate the damage caused by vandals in the presence of the insurance contract. At first sight this service is strange, but its demand says that the condition of society where such immoral manifestations are possible is strange. The insurance contract execution of gravestone constructions of insurance company requires the passport of the insurer, the name of a cemetery and number of a grave, and also the documents for production of these constructions confirming the corresponding expenses. It is need to be note that such insurance can directly be made out on a place and supplement the list of the provided funeral services.

OSIGURANjE LICA OD POSLEDICA NESREĆNOG SLUČAJA (NEZGODE)

2021 ◽  
Author(s):  
Zoran Miladinović ◽  
Keyword(s):  
Insurance Premium ◽  
Insurance Contract ◽  
Accident Insurance ◽  
Insurance Companies ◽  
Basic Rule ◽  
Income Loss ◽  
Property Insurance ◽  
Insurance Contracts ◽  
Insured Individual ◽  
Insured Person

Accident insurance, together with life insurance are two basic types of individual insurance traditionally covered by insurance law. In this kind of insurance, the insurer for a certain insurance premium, assumes the obligation to pay the insured sum to the insured individual or other beneficiary if, during the insurance contract, the insured person or other beneficiary sustains injury or even death as a result of the accident covered by the insurance contract, as well as to reimburse the costs of medical treatment and income loss as a result of temporary work disability, if foreseen by the contract. The basic rule in accident insurance is that, in case of the accident covered by the contract, the insured person will receive the insured sum agreed in the contract, and not the reimbursement of the incurred expenses or losses. Only in rare cases this type of insurance has the elements of property insurance – only in cases when the insured is entitled, in addition to the insured sum, to reimbursement of medical expenses and income loss. Today, the insurance of the individuals against accidents is widely used. It is a specific type of services offered by insurance companies. From the original accident insurance contracts signed on voluntary bases, we have come long way to have a large number of mandatory accident insurances, which is mostly the result of the growing number of occupations with the risk of accidents. It is obvious that beneficiaries of this type of insurance have realized that for a relatively small amount of premium, they will receive protection if they suffer from unexpected accidents that may result in physical injuries, even fatalities.

Blockchain technologies and their application in governmentadministration

2019 ◽  
pp. 182-190
Author(s):  
Myroslav Kosіak ◽  
Inna Kosіak
Keyword(s):  
The State ◽  
Public Authorities ◽  
Property Insurance ◽  
Data Registration ◽  
State Management ◽  
Digital World ◽  
Blockchain Technology ◽  
The Government ◽  
Historical Comparative ◽  
Methods Analytical

The purpose of the article. The article considers the Blockchain technology asan innovative tool. In particular, the essence and background of the developmentof blocks, the principles and specifics of the functioning of the system, as well asthe scheme of its work, are determined. The article presents the prospects forusingdistributed registry technologies (blockchain) in various socioeconomic spheresrelated to state administration. Provided examples and forecasts of the use ofblockchain technologies in the provision of state and municipal services forindividuals and legal entities in the following areas: formation of a unified registercontaining the history of the placement of the state, municipal order, as well asprocurement of corporations with state participation and / or control; registers ofdocuments (diplomas, certificates, lost and disavowed passports, policies for movableand immovable property insurance, health, etc.); database of court decisions andexecutive proceedings; public participation portals for citizens of Ukraine district- city – country. The fact that the blockchain technology is, first of all, theprinciples, and not the only possible way of implementing them, allows us to counton maximum openness and multivariate application in a dynamically changingchanging«digital world». Methodology. The research methodology is to use a combinationof methods: analytical, historical, comparative. The scientific novelty. The priorityof state blockchain systems introduction in stationary and distant voting, distributeddocument circulation, medical data registration, land resources registration,electronic auctions (auctions) in Ukraine was grounded. Conclusions. Already today,blockchain systems can change the role and participation of citizens in the conductof the state-management process, by raising the responsibility level, from thetransparent will expression in the elections to regulating the government serviceactivity in the society’s digitization conditions. The main advantages blockchainsystems using by public authorities that will increase the level of citizens trust todigital technologies using in general, namely: reliability and reliability of datastorage, transparency of transactions and virtually absolute protection of informationfrom distortion and unauthorized removal (relocation), are determined. In furtherscientific research it is proposed to consider the promising areas of the blockchaindigital technology usage: service activities of public authorities, legal proceedings,property rights management, implementation of migration control, verification ofgoods and services, registration of data on passing qualifying tests, patenting,intellectual property, digital identification, logistics , taxation, accounting ofbudget funds movement.

Analysis of the duty of disclosure and Fraudulent act in insurance contract

2019 ◽  
Vol 54 (2) ◽  
pp. 137-165
Author(s):  
Sang-Kyun Bae ◽  
Woo-Young Shim
Keyword(s):  
Insurance Contract
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