Critical evaluation of English and Saudi insurance law: A case for reform

The global significance of English law continues, particularly in Saudi as it is the most frequently chosen insurance policy law. Both jurisdictions provide consumer protections in insurance markets including the Consumer Insurance (Disclosure and) Act and the 2015 Insurance Act and the Insurance Consumer Protection Principles 2014 in Saudi Arabia. This study aims to analyse the current reform impact on the interpretation of these doctrines between the UK and Saudi jurisdictions. In the last few years British insurance law has been significantly reviewed and modified and the most recent amendments, as per the Insurance Act 2015, are of the greatest significance and will be given due consideration within this paper. However, both the rationale for the reforms and the reform process will be reviewed as well as the UK perspective of the increasing rivalries between countries on account of legal business.

OSIGURANjE ŽIVOTA U KORIST TREĆIH LICA

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.

Claims Made Insurance Policies in New Zealand and Australia: Should New Zealand Enact a Statutory Deeming Regime?

<p>A claims made policy protects an insured person or business in relation to claims made against that person or business during the policy period, regardless of when the cause of loss occurred, and regardless of when the claim is notified to the insurer (subject always to the terms of cover and the relevant law). The trigger event for a claim against the insurer is the receipt of the claim or demand by the insured. However, issues can arise when the insured has knowledge of circumstances that may lead to a claim, but the claim itself is delayed, a situation sometimes addressed by way of a contractual 'notice of circumstances' provision coupled with a deeming provision. The proposition in this dissertation is that New Zealand should have a statutory deeming regime affecting claims made insurance policies, similar to that contained within section 40 of Australia’s Insurance Contracts Act 1984 (Cth). However, to properly consider that proposition, it is necessary to review the context within which section 40 arose, its practical effect in that context, and the perceived issues that might be addressed in New Zealand by way of a statutory deeming regime. In particular, it is necessary to acknowledge the juxtaposition of sections 40 and 54 of the Insurance Contracts Act (Cth), and the implications of section 9 of New Zealand's Insurance Law Reform Act 1977.</p>

Claims Made Insurance Policies in New Zealand and Australia: Should New Zealand Enact a Statutory Deeming Regime?

<p>A claims made policy protects an insured person or business in relation to claims made against that person or business during the policy period, regardless of when the cause of loss occurred, and regardless of when the claim is notified to the insurer (subject always to the terms of cover and the relevant law). The trigger event for a claim against the insurer is the receipt of the claim or demand by the insured. However, issues can arise when the insured has knowledge of circumstances that may lead to a claim, but the claim itself is delayed, a situation sometimes addressed by way of a contractual 'notice of circumstances' provision coupled with a deeming provision. The proposition in this dissertation is that New Zealand should have a statutory deeming regime affecting claims made insurance policies, similar to that contained within section 40 of Australia’s Insurance Contracts Act 1984 (Cth). However, to properly consider that proposition, it is necessary to review the context within which section 40 arose, its practical effect in that context, and the perceived issues that might be addressed in New Zealand by way of a statutory deeming regime. In particular, it is necessary to acknowledge the juxtaposition of sections 40 and 54 of the Insurance Contracts Act (Cth), and the implications of section 9 of New Zealand's Insurance Law Reform Act 1977.</p>

L’interprétation des clauses base-réclamation dans les contrats d’assurance de responsabilité civile au Québec

This article addresses the question of the interpretation of base-claim clauses in Quebec insurance law. Defined mainly by the doctrine as clauses whose effects consist in assimilating the claim to the claim of the victim, the use of base-claim clauses raise several questions as to their legality on reading articles 2396 of the civil code and 2414 of the same. coded. While the first defines the claim as a damaging event, the second article states the relative public order nature of the provisions of Chapter XV of Title 2 of Book V of the Civil Code, among which is Article 2396 of the Civil Code. Article 2414 states that the provisions of Chapter XV may be subject to a derogation if this benefits the policyholder, the insured, the beneficiary or does not infringe the rights of third parties. However, one of the main effects of base-claim clauses is to considerably restrict the direct action of the third party towards the insurer but, also, to place on the back of the insured the lack of diligence of the injured third party. In the silence of the law, it is then up to the courts to assess the compliance of the basis-claim clauses with public order set out in article 2414 through virtual public order. This article attempts to suggest means of interpretation aimed at establishing the illegality of base-claim clauses.

Analysis of the legal sources of the introduction of basic socialist values in the "Law on insurance"

The main socialist values are the soul of socialist legal construction. The introduction of basic socialist values into the construction of the rule of law is an inevitable requirement for maintaining a combination of State governance on a legal basis and State governance on the basis of moral norms, and this is an important way to strengthen the construction of basic socialist values. The promotion of the introduction of basic socialist values into legislation has become an important measure for the introduction of basic socialist values into the construction of law and order and an important way of implementing basic socialist values. From the point of view of the rule of law, upholding the basic socialist values in laws and regulations undoubtedly requires the transformation and elevation of basic values, such as politics and moral norms, to the level of legal norms, so that they can receive a source and normative characteristic of justice, execution and protection.However, from the point of view of judicial practice and social reality in China, there are other types of norms that serve as the basis for court decisions and the normative basis for the behavior of the subject. Therefore, the “Insurance Law” as the basic law in the fi eld of traditional commercial law, the introduction of basic socialist values developed by a legal source based on the central position of the legislator, and should be based on the Constitution of the Civil Code of China. Here is about the fact that the constitution is the main right and dominant in the legal system of any countryThe content “The state supports the basic socialist values” was added to article 24 “Amendment to the Constitution of the People’s Republic of China”, adopted on March 11, 2018. So that the basic socialist values are raised to the level and height of constitutional norms, and, thus, the defense of the basic socialist values has the highest legal force of the constitution. The Civil Code of the People’s Republic of China is guided by the “Constitution”, and in article 1 “the task of legislation” further proposes and requires “the promotion of socialist core values” and accepts the integration of the civil and commercial codes as a legislative tradition and legislative style.This is what provides the normative basis of the legal source for the introduction of the Law on Insurance into the basic socialist values. Principles and institutions, as the main forms of manifestation of law in the source of law, have also become two fi elds in which the basic socialist values are integrated into the Law on Insurance. Field integration at the level of basic principles should be mainly based on the principle of good faith, but based on the characteristics of insurance activity and insurance management, the overall integrity of the core values should be raised to the highest level of maximum integrity in order to offer a higher degree of honesty to insurance entities.Integration at the level of institutions requires not only the concretization of the principle of maximum integrity, but also the integration of basic values, such as freedom, equality, justice and the rule of law, into specifi c institutions in order to offer norms of behavior and justice for insurance entities and judicial authorities from the level of a legal source. In addition, from the position of judges in the center of justice, from the legal source, the introduction of basic socialist values has certain disadvantages, therefore, other types of norms besides legal sources should be introduced, such as appropriate judicial explanations about the Insurance Law, in this general fi eld, to help correct the shortcomings of the Insurance Law in the legal source, the full manifestation and implementation of the guiding and guiding role of the basic socialist values in the insurance legislation and insurance practice of China, the effective normalization and leadership of the healthy development of the insurance industry in China, as well as the demonstration and implementation of the contribution of insurance to the socialist economic order of China, and serves as a "stabilizer" of public order.

Comparison of Subrogation With Cession and Regression

The purpose of this article is to present one of the most problematic issues in the Civil Code of Georgia, which is manifested in the confusion of the institution of subrogation in insurance law with such institutions as cession and the condition of regression. They are close in content to each other, and this fact makes it difficult to see differences between them. Seeing the difference in content between them has not only theoretical but also practical significance, as each institution is characterized by a different legal outcome, and in each specific case the proper qualification of the relationship is crucial. One of the most practical different legal consequences of the given institutions is revealed in the different terms of the statute of limitations. For example, until 2012, it was unknown to the Georgian court that the statute of limitation of a subrogation starts from the period when the insurer has the right to claim damages against the insurance underwriter. Before then, it was an unknown fact that, different from regression, only legal relationship is established with one obligation in subrogation. In this article, we have discussed the distinctive features of subrogation, cession, and the condition of regression, and the accompanying legal consequences. We have discussed the decisions of the Supreme Court of Georgia, which discuss the differences in the content and results of the above-mentioned institutions. As a result, it was revealed that the practice of the Civil Court of Georgia before 2012 was unknown about the institution of subrogation, which is a really significant problem. It can be said that a uniform practice of the Supreme Court has been established at the Subrogation Institute and the problems that existed before have been solved.