Implementation of Ex-Gratia Claim Payment in Insurance Agreement

This study aims to explain descriptively about the implementation of ex-gratia claims on life insurance agreements, how to pay and settle ex-gratia claims and ex-gratia claim terms. In the Life Insurance agreement, the insured party when experiencing an unexpected risk of obtaining its rights in the settlement of claims. The occurrence of rejection of claims on life insurance, becomes the cause of a lack of understanding of the actual articles and regulations must be understood before deciding to use insurance. In fact, not all losses suffered by the insured in the insurance agreement can be paid according to the agreement. It is caused by several factors that are considered to violate the principles of insurance and regulations that have been determined in the insurance agreement, resulting in the cancellation of the insurer pays its obligations to the insured or commonly called rejected claims. But customers sometimes still demand that the company pay, therefore the insurance company takes the initiative to pay claims rejected through Ex-gratia. But many people do not know about the ex-gratia claim. Some insurers take the initiative to pay ex-gratia rejected claims. Implementation of ex gratia claims can be done by negotiation, good faith from the insurer to the insured. Received: 15 October 2021 / Accepted: 30 November 2021 / Published: 5 January 2022

Tanggung Jawab Perusahaan Asuransi Terhadap Tertanggung dalam Penutupan Asuransinya Melalui Media Internet

In the times, it will affect human civilization, namely the discovery of one technology, namely the internet. Internet technology at this time has developed rapidly so that it becomes the basis for various human lives. The research method used is normative legal research. with insurance responsibilities that are closed conventionally, where the responsibilities of insurance companies both via the internet and conventional have been confirmed in the loss insurance policy and the exceptions that have been agreed upon by both parties at the time of closing the insurance agreement.

Rejection of Accident Insurance Claims by Insurance Companies

Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.

Kewenangan Mengadili atas Penerapan Choice Of Law Pada Asuransi Pengangkutan Laut

Transportation is currently developing very rapidly in the aspect of life, there are many transportations that provide cheaper prices than other transportation. To avoid the risks in sea transportation using sea freight insurance, but sea freight insurance still uses English law and its provisions. So that in the sea transportation insurance agreement the choice of law applies. The study examines the position of the choice of law in the settlement of maritime transportation disputes and explains the procedure for resolving disputes over the choice of law on the authority to adjudicate sea transportation. This study uses a normative research method with a statutory approach because there is still a conflict of norms, sourced from primary and secondary data. In the Civil Code Articles 1320 and 1338 it has been determined that the conditions for the validity of an agreement and agreements made legally will become law for those who make them. So apart from that, the choice of law in the jurisdiction to adjudicate is also contained in international civil law, thus in the settlement of maritime transportation insurance disputes that still use English law, it can be resolved by looking at the facts contained in the sea freight insurance agreement with the applicable laws. apply.

Tanggung Jawab Hukum Perjanjian Asuransi Jiwa Unit Link di PT. Prudential Life Assurance Jakarta

This study aims to determine and understand how the legal liability of the Prudential Life Assurance Company in carrying out and marketing unit-linked life insurance products, namely insurance products that are linked to investment according to the prevailing laws and regulations. In addition, this study also aims to determine how the responsibility of agent who act for and on behalf of the company in entering into unit-linked insurance product agreements and what risks must be borne by the insurer and the insured against the unit-linked life insurance agreement. This research uses normative legal research with a statutory approach and a conceptual approach. The result of this research is that the unit linked insurance agreement is included in the agreement in general which contains the principle of consensualism, namely the existence of a voluntary agreement in this case to enter into an insurance contract agreement between the insurer and the insured. Prudential Indonesia in marketing unit-linked life insurance products has also complied with the provisions in the Financial Services Authority Circular Letter Number /SEOJK.05/2019 concerning Insurance Products Related to Investment.

Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia

Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.

La morte del re, le ragioni del diritto e l’etica dei mercanti in una causa fiorentina del Quattrocento

The essay analyzes a judicial case of the Mercanzia court in the early Quattrocento Florence, which involved the execution of an insurance deed by the merchant and poet Cino Rinuccini concerning the date of the death of Ladislaus king of Naples in 1414. The case, considering the relevance of the actor and the subject of the insurance agreement, allows us to study the discussion on the legal and ethical value of such deeds. The Appendix provides the edition of a legal consilium devoted to the case, in which a distinguished commission of lawyers discusses the problem according to the interpretation of the ius commune.

Sistem Pertanggungan Pada Penjaminan Bancassurance oleh Asuransi X Syariah Menurut Konsep Kafālah

<p>Cooperation agreement between the Bank and Insurance in the form of a bancassurance system the Bank transfers part of the risk that will arise to the Insurance. Such as the risk of debtor customer financing bottlenecks due to death, the risk borne by the Bank is transferred to the insurance company with life insurance coverage. Insurance agreement for debtor customers, Insurance applies a system based on the kafālah concept. This study explores how the insurance system between the customer and the Bank with the involvement of Insurance as a guarantor in the Bancassurance agreement and how the Islamic legal review of the insurance system carried out by the Insurance against the Bank with the Bancassurance agreement. This research uses descriptive analysis method, which describes or gives a description of the object under study through data or samples that have been collected. The conclusion of the research is that the coverage applied by the Insurance against the Bank is not in accordance with the true kafālah concept, the Insurance has paid the principal fund fully but does not pay the service fee in accordance with the minimum amount determined by the Bank. Based on the concept of insurance, the insurance should be obliged to fulfill everything that is the responsibility of the customer to the Bank, including compensation for services as stipulated. From the explanation above, the concept of kafālah applied by Insurance in its coverage of the Bank is still a mismatch between the concept and its application.</p>