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.

Third Parties: Rationalising a Right to Sue

1989 ◽  
Vol 48 (2) ◽  
pp. 243-270
Author(s):  
Peter Kincaid
Keyword(s):  
Theoretical Basis ◽  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
High Court ◽  
The Common ◽  
High Court Of Australia

In a revolutionary but unsatisfactory recent decision, the High Court of Australia has allowed a third-party beneficiary of an insurance contract a right to sue the promisor. The decision casts doubt upon the whole doctrine of privity and ultimately upon bargain as the theoretical basis of promissory liability. The Trident case is unsatisfactory not because it allowed a third-party beneficiary a cause of action or because it challenges privity and bargain, but because it offers no satisfactory replacement for the theory of bargain. The reasons the court gave for recognising a right to sue are weak and inconsistent with the common law's approach to questions of civil liability. That approach is to give a plaintiff a cause of action against a defendant not solely because of something the defendant has done, but because there is a legally relevant link between what he has done and the plaintiff's condition. That is, the plaintiff must, in order to establish a right, satisfy some criterion for linking the defendant's behaviour to his complaint.

MEDICAL INCIDENT INSURANCE

2020 ◽  
Vol 4 (XX) ◽  
pp. 213-224
Author(s):  
Agnieszka Huras-Darkowska
Keyword(s):  
Insurance Premium ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Accident Insurance ◽  
Huge Number ◽  
Compensation And Redress ◽  
Legal Nature ◽  
Additional Burden

Regulations in force since 2012. defining the rules and procedure for determining compensation and redress in the case of medical events raised many doubts about the legal nature of the insurance contract for these events (compulsory or voluntary insurance, accident insurance or third party liability insurance) and the liability of medical entities. In practice, the doubts concerned the additional burden on hospitals to pay the insurance premium, and in the absence of insurance or exhaustion of the sum insured – the need to satisfy the claims of the applicant. A huge number of practical and legal doubts caused the amendment of the applicable provisions.

scholarly journals La cultura de seguros de responsabilidad civil antes y después del sismo 16 de abril 2016, provincia Manabí, Ecuador

ECA Sinergia ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 21
Author(s):  
Mercedes Noemi Véliz Valencia ◽  
Pamela Proaño Tejena ◽  
Jairo Mendoza García ◽  
Yolangue Véliz Valencia
Keyword(s):  
Developing Countries ◽  
Civil Liability ◽  
Third Parties ◽  
The State ◽  
Liability Insurance ◽  
Insurance Companies ◽  
Business Sector ◽  
Palabras Clave ◽  
Before And After ◽  
Field Information

  Los seguros de responsabilidad civil se han convertido en la póliza más importante que cualquier empresa debe adquirir para solventar daños o perjuicios de los que pueda ser civilmente responsable ya sea a la empresa o terceras personas. En países en desarrollo la tendencia es que haya poca cultura de seguros de responsabilidad civil, sin embargo, se ha llegado a considerar que el sismo ocurrido en Ecuador el 16 de abril de 2016 fue un estímulo para mejorar esa cultura en el país. Por tal motivo, se plantea como objetivo de este artículo caracterizar la cultura de seguros de responsabilidad civil antes y después de sismo de 16 de abril de 2016 en Manabí, en Ecuador, por haber sido una de las provincias más afectadas por dicho evento. La investigación fue documental y de campo, el alcance fue exploratorio y el diseño transversal – no experimental. La información documental se obtuvo de los informes de la Federación de Empresas Aseguradoras después del sismo y la de campo se recolectó a través de entrevistas realizadas a dos representantes de empresas aseguradoras y dos representantes del sector empresarial de la provincia de Manabí. Los resultados indican que la cultura de seguros de responsabilidad civil mejoró después del sismo, pero no en niveles óptimos. Se concluye que para incrementarla se requiere de la integración coordinada de acciones de Estado, empresas aseguradoras y empresas no aseguradoras, para que de ocurrir nuevamente una tragedia como la del 16 de abril de 2016, el Estado y las empresas no tengan necesidad de altos niveles de endeudamiento para recuperarse económicamente.   Palabras clave: aseguradoras; empresas; cultura de seguros de responsabilidad civil; gestión de seguros.   Abstract Civil liability insurance has become the most important policy that any company must acquire to settle damages or losses for which it may be civilly liable, whether to the company or third parties. In developing countries, the trend is that there is little culture of civil liability insurance, however, the earthquake that occurred in Ecuador on April 16, 2016 has been considered to be a stimulus to improve that culture in the country. For this reason, the objective of this article is to characterize the culture of civil liability insurance before and after the earthquake of April 16, 2016 in Manabí, Ecuador, for having been one of the provinces most affected by said event. The research was documentary and field, the scope was exploratory and the design was transversal - not experimental. The documentary information was obtained from the reports of the Federation of Insurance Companies after the earthquake and the field information was collected through interviews with two representatives of insurance companies and two representatives of the business sector in the province of Manabí. The results indicate that the culture of liability insurance improved after the earthquake, but not at optimal levels. It is concluded that to increase it requires the coordinated integration of State actions, insurance companies and non-insurance companies, so that if a tragedy like that of April 16, 2016 occurs again, the State and companies do not need high levels debt to recover financially.   Keywords: insurers; companies; culture of civil liability insurance; insurance management.

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.

scholarly journals CURRENT TRENDS OF AUTOTRANSPORT INSURANCE IN UKRAINE

2021 ◽  
pp. 94-107
Author(s):  
Olena MARTSENIUK
Keyword(s):  
Civil Liability ◽  
Road Transport ◽  
Legal Regulation ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
World Community ◽  
Land Vehicles ◽  
The World ◽  
Car Insurance

The research of the article is aimed at highlighting the essence and features of the functioning of the car insurance market in Ukraine. The study found that motor insurance is associated with profound economic and social changes in society due to mass motorization, the growth of the car fleet and traffic intensity, as well as huge material losses as a result of road accidents. It should be noted that freight transport is developing quite rapidly both within the country and abroad. At the same time, an increase in the number of intercity bus transportation, excursion and tourist bus services has been established, and as a result, international motor tourism is growing. It is proved that these factors contribute to the growth of accidents, losses in the transportation of goods, increase accidents with passengers and pedestrians on highways and, accordingly, material and social losses of society, population, commercial and government agencies. It is substantiated that insurance in general and civil liability insurance, as its integral part, is an infrastructure that helps to increase the efficiency of all areas of business. This determines the importance of the development of all types of insurance in Ukraine, taking into account the process of integration into the world community. It is established that the development of insurance market in our country should be based on the study and balanced use of experience of industrialized countries with long traditions in the insurance market, legal regulation of insurers and diversification of various types of insurance. However, it should be borne in mind that the world community has invented universal means of compensation, which is the most popular type of liability insurance worldwide – is the insurance of civil liability of owners of land vehicles. It provides for the payment of monetary compensation to the victim in the amount that would be collected from the owner of the vehicle on a civil lawsuit in favor of a third party for damage to life and health, as well as for damage or loss of property due to an accident or other road – transport accident due to the fault of the insured. Given the state and prospects of motorization in our country, as well as foreign experience in insurance market, we can say with confidence that liability insurance is one of the leading areas among other types of insurance. However, in its organization and implementation there are many different problems of legal, social, economic and organizational type. Recommendations on the prospects for the development of civil liability insurance of owners of land vehicles in Ukraine are given.

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 Enforcement of Insurance Contracts by or on behalf of Third Parties

1996 ◽  
Vol 26 (4) ◽  
pp. 653
Author(s):  
David B Brian
Keyword(s):  
Case Law ◽  
Third Parties ◽  
Third Party ◽  
Insurance Contracts ◽  
Insurance Policies ◽  
Court Of Appeal

The object of this article is to identify and analyse various actions which may assist a third party who is refused indemnification by an insurer on the ground that s/he was not privy to the contract of insurance. Enforcement of the contract pursuant to the Contracts (Privity) Act 1982 is identified as the most appropriate option that is potentially available to a third party. However, in order for the Act to apply to insurance policies, it will be necessary for the Court of Appeal to overrule or distinguish a body of case law on the Act which has arisen from cases concerning nominees.

scholarly journals Acionamento de resseguradoras por terceiros sob a perspectiva do Direito Brasileiro: um estudo sobre o contrato de seguro de responsabilidade civil facultativo

2021 ◽  
Vol 26 (3) ◽  
pp. 31-54
Author(s):  
Mariana Cavalcanti Jardim
Keyword(s):  
Civil Liability ◽  
Third Party ◽  
Liability Insurance ◽  
Shed Light

Despite the impossibility to, under Brazilian law, as a rule, an insured or aggrieved third party seek payment of insurance indemnity directly from a reinsurer, it is recurrent the inclusion of reinsurers as defendants in lawsuits, especially in cases involving the purchase of facultative civil liability insurance. As a result of legislative, jurisprudential, bibliographical and documentary research, this study aims to shed light on the relationships and obligations established by reinsurance agreements and reject this unlawful practice at once. This is done through an initial dive into the insurance relationship and the facultative civil liability insurance and through the review of the particularities of reinsurance and the features that differ it from insurance, to, ultimately, reinforce the initial statement that served as a premise for this work.

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. 

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