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.

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.

scholarly journals Meeting liberalization of motor liability insurance premium in Serbia

2020 ◽  
Vol 36 (4) ◽  
pp. 44-77
Author(s):  
Jelena Doganjić ◽  
Živorad Ristić
Keyword(s):  
Traffic Safety ◽  
Traffic Accidents ◽  
Insurance Premium ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
Previous Period ◽  
Insurance Premiums ◽  
Degree Of Risk ◽  
Definition Of

Free definition of motor third party liability insurance tariffs leads to individual statement of premiums in agreement with the degree of risk the insured are exposed to i.e. their behaviour in the previous period. Using the experience of neighbouring countries, which have introduced a system of liberalization of motor third party liability insurance premiums, with prior quality preparation, Serbia could establish the liberalization of motor third party liability insurance premiums which could significantly contribute to insurance market advancement. This can also affect the behaviour of drivers, whereby we would raise the level of traffic safety and reduce the consequences and damages caused by traffic accidents.

scholarly journals THE CIVIL LIABILITY INSURANCE OF OWNERS OF MOTOR VEHICLES IN THE CONTEXT OF INNOVATIVE TRANSFORMATIONS

2021 ◽  
Author(s):  
Liudmyla Volokhova ◽  
Keyword(s):  
Civil Liability ◽  
Forecast Model ◽  
Insurance Premium ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
Motor Vehicles ◽  
European Standards ◽  
Car Insurance

Insurance plays a stabilizing role in economic development, so it is an important financial area in an era of new challenges and threats. This leads to increased attention to insurance in general and the introduction of innovations in such an important area as liability insurance. The specific features of this industry require the development of important recommendations for improving the compulsory civil liability insurance of owners of motor vehicles (CCLIOMV) in Ukraine. The methodology and methods of work involve the use of a systematic approach, analysis, comparison, forecasting in the development of improved regulation of the liability insurance market. The condition for the successful functioning of the insurance market in Ukraine is a decent level of quality of insurance services based on such innovations in car insurance as telematics, namely Usage-based insurance (UBI), is a special program that allows discounts to drivers by tracking their mileage. Another new vector is mobile technology, which allows you to remotely control devices, develop the implementation and maintenance of insurance services with their help. The methods of encouraging the use of motor third party liability insurance services, as well as the approximation of the existing system CCLIOMV to European standards is the use of a bonus-malus – a correction factor for the size of the insurance premium. The need and effectiveness of the introduction of an electronic policy is the ability to independently choose a reliable insurer, provide a guarantee of the acquisition of legitimate insurance protection, the introduction of non-cash using Internet acquiring technology forms of payment for insurance services and more. The scientific research carried out in the work allowed to determine the forecast indicators of the introduced innovations in the insurance market. The results of calculations of the forecast model on the dynamics of sales of electronic policies CCLIOMV in Ukraine show that their volume is constantly growing and in 2022 will amount to about 7 million units. This allows us to forecast the coverage of electronic policies CCLIOMV up to 70% of all vehicles in Ukraine.

scholarly journals Appointment of a Proper Defendant in Cases Over Insurance Indemnity Under Third Party Liability Insurance Contract

2019 ◽  
pp. 61-68
Author(s):  
Olga Aleksandrovna Egorova
Keyword(s):  
Road Traffic ◽  
Practical Importance ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Final Decision ◽  
Federal Law ◽  
Judicial Process ◽  
Traffic Incident ◽  
The Relationship

In this article Egorova analyzes questions that relate to the process of appointment of participants in a judicial process resulting from third party liability insurance contract made by vehicle owners who may act as an obligator on the side of the defendant. The importance of apointing a proper defendant is caused by the fact that these are unique cases that require a different court procedure, thus, the relationship between parties that existed prior the trial may significantly affect the final decision of the court. The research is based on theoretical and comparative analysis of the provisions of the Federal Law No. 40 of April 25, 2002 'Concerning Compulsory Civil Insurance of Owners of Means of Transport' that set forth several ways of compensation of harm as a result of road traffic incident, each way has its own proper defendant. The results of the theoretical analysis allow to describe a range of potential proper defendants nunder third party liability insurance contract. This proves the importance of the issue raised by the author of the article. The practical importance of the research is proved by the author through analyzing procedural competences of court and what defendants may be involved in the dispute.     

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.

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.

Purchase of a Leased Vehicle by a User Who Has Concluded a Motor Third Party Liability Insurance Contract

2021 ◽  
Vol 3 (108) ◽  
pp. 3-11
Author(s):  
Marcin Orlicki
Keyword(s):  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Financial Supervision ◽  
Compulsory Insurance ◽  
Legal Consequences

The article focuses on the interpretation of Article 31(1) of the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Bureau of Motor Insurers as regards legal consequences of the purchase of a vehicle by its user in the performance of the leasing contract, with the user having previously taken out a motor third party liability insurance. The article contains a polemical analysis of the position of the Polish Financial Supervision Authority of 11 February 2021.

scholarly journals PERHITUNGAN PREMI ASURANSI JOINT LIFE DENGAN MODEL VASICEK DAN CIR

2019 ◽  
Vol 8 (3) ◽  
pp. 246
Author(s):  
I MADE WAHYU WIGUNA ◽  
KETUT JAYANEGARA ◽  
I NYOMAN WIDANA
Keyword(s):  
Stochastic Process ◽  
Interest Rates ◽  
Life Insurance ◽  
Insurance Premium ◽  
Insurance Contract ◽  
Insurance Company ◽  
Vasicek Model ◽  
Cir Model ◽  
Premium Payment ◽  
Premium Price

Premium is a sum of money that must be paid by insurance participants to insurance company, based on  insurance contract. Premium payment are affected by interest rates. The interest rates change according to stochastic process. The purpose of this work is to calculate the price of joint life insurance premiums with Vasicek and CIR models. The price of a joint life insurance premium with Vasicek and CIR models, at the age of the insured 35 and 30 years has increased until the last year of the contract. The price of a joint life insurance premium with Vasicek model is more expensive than the premium price using CIR model.

scholarly journals The Application of Bühlmann‑Straub Model with Data Correction for the Estimation of Net Premium Rates in Bonus‑Malus Systems of the Motor Third Liability Insurance

2018 ◽  
Vol 4 (336) ◽  
pp. 7-22
Author(s):  
Anna Edyta Szymańska
Keyword(s):  
Estimation Method ◽  
Third Party ◽  
Liability Insurance ◽  
New Method ◽  
Insurance Companies ◽  
Data Correction ◽  
Insurance Portfolio ◽  
Premium Rates ◽  
The Right

One of the elements used in the process of tariff calculation of premiums in motor liability insurance is a bonus‑malus system. This systems takes into account the “claims ratio” by means of increases and discounts of the base premium called net premium rates. The aim of this work is to propose an estimation method of the net premium rates in the bonus‑malus classes of the motor third‑party liability insurance portfolio of individuals. The Bühlmann‑Straub model was used for the premium estimation. In order to improve the credibility of the estimated premium rates, a data correction in the classes with premium increase was preformed. An example of the application of the new method is presented based on the data obtained from one of the insurance companies operating on the Polish market, which has reserved the right to stay anonymous.

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