OSIGURANjE LICA OD POSLEDICA NESREĆNOG SLUČAJA (NEZGODE)

2021 ◽  
Author(s):  
Zoran Miladinović ◽  

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.

2018 ◽  
Vol 28 (6) ◽  
pp. 1985-1991
Author(s):  
Tatjana Dimov

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.


Author(s):  
Zoran Miladinović ◽  

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.


2019 ◽  
Vol 1 (98) ◽  
pp. 55-67
Author(s):  
Jacek Woronkiewicz

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.


2016 ◽  
Vol 10 (1) ◽  
pp. 186-195
Author(s):  
Ирина Суслова ◽  
Irina Suslova ◽  
Елена Бокарева ◽  
Elena Bokareva ◽  
Антонина Соколова ◽  
...  

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.


Author(s):  
Slobodan Stanišić

The paper discusses the legal consequences that may occur when the insured person late or do not fulfill the obligation to pay premiums. Failure to pay premiums on time and in the manner as provided by the insurance contract or by law, affect the beginning of life insurance coverage, and thus the existence of insurers liability to indemnify or pay the insured sum at the occurrence of an event that is insured case.


2020 ◽  
Vol 4 (XX) ◽  
pp. 213-224
Author(s):  
Agnieszka Huras-Darkowska

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.


2006 ◽  
Vol 55 (4) ◽  
pp. 879-910 ◽  
Author(s):  
Giesela Rühl

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.


2018 ◽  
Vol 21 (8) ◽  
pp. 47-55
Author(s):  
Stanisław Wieteska

In a market economy, the protection of consumer rights is an extremely important issue. This also applies to the insurance market where these issues are generally understood as ones related to the conclusion and execution of insurance contracts. The insured person is exposed to many dangers, being the weaker party in the insurance market, since insurance companies, as professionals, can easily impose convenient transaction terms. The article aims to identify market practices including unfair terms imposed by insurance companies. It provides examples of such unfair terms and conditions in the form of so-called abusive clauses in insurance contracts and points to the consequences of their use.


2021 ◽  
Vol 3 (108) ◽  
pp. 52-70
Author(s):  
Anna Tarasiuk ◽  
Bracken Crossley

As in many other cases of business activity, the performance of insurance activity involves various types of tax charges. Insurance contracts, having been excluded from the scope of value-added tax at the EU level, are subjected to taxes specific to insurance activity, namely insurance premium taxes, which are discussed in the article. However, insurance premium tax regulations are not harmonised at the EU level and vary immensely from one country to another. In fact, in some EU countries, including Poland, no such taxes have been implemented whatsoever. The issue discussed in the article is related to the fact that an increasing number of insurance companies perform insurance activity on a cross border basis. From this point of view, although there is no such tax in Poland, it may be of great importance to Polish insurance companies that insure risks located outside Poland. The regulations concerning the insurance premium tax depend on internal decisions of individual European Union countries, both in terms of the introduction of such tax, exemptions, and rates, and they may differ significantly across those jurisdictions. Due to the nature of cross-border activity and the rules on the localisation of the risk associated with the taxation of premiums, it was not clear whether and to what extent, in the case of insurance of risks located outside Poland, a tax obligation arises in respect of insurance premiums. These questions were addressed by the Court of Justice of the EU in several cases (C-118/96, C191/99, C-243-11). The CJEU decisions have revealed the multifaceted complexity inherent to the taxation of cross border insurance contracts.


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