Relevant bibliographies by topics / Insured's contractual obligations

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  1. Journal articles
  2. Dissertations / Theses
  3. Book chapters

Academic literature on the topic 'Insured's contractual obligations'

Author: Grafiati
Published: 4 June 2021
Last updated: 14 February 2022

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Journal articles on the topic "Insured's contractual obligations"

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Chapman, Chris, and Jillian Mallon. "Conflicts of Interest Faced by Solicitors Instructed by Insurers to Conduct Litigation on Behalf of Insureds." Victoria University of Wellington Law Review 26, no. 4 (1996): 679. http://dx.doi.org/10.26686/vuwlr.v26i4.6147.

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If an insurer pays on a claim for loss, either by the terms of the insurance contract itself or by virtue of its equitable right of subrogation, the insurer becomes entitled to stand in the shoes of the insured and pursue any person causing the loss. That may involve the insurer instructing solicitors to issue a proceeding in which the insured will be named as the plaintiff. The insured's co-operation is required by the terms of the insurance contract. Although remunerated by the insurer, the solicitors will be on the record as solicitors for the insured as the named plaintiff. In the course o
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Ziemiak, Michał. "Pre-contractual Information Duties of Insurers. A German and Polish Approach." Prawo Asekuracyjne 2, no. 99 (2019): 152–64. http://dx.doi.org/10.5604/01.3001.0013.5837.

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Information is the key element of consumers and customers protection in insurance. Implementation of Insurance Distribution Directive (IDD) by EU member states in 2018 was yet another step – at least in theory – in expanding access to basic knowledge about insurance products. Nevertheless, despite certain new solutions included in IDD, pre-contractual duties of insurers still remain primary source of mentioned information for policyholders. EU member states have adopted various approaches to IDD implementation and – in particular – legal shape of pre-contractual obligations of insurance contra
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Dimov, Tatjana. "SUBROGATION IN INSURANCE CONTRACT." Knowledge International Journal 28, no. 6 (2018): 1985–91. http://dx.doi.org/10.35120/kij28061985t.

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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
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Etrata, Antonio Jr Estrada, and Fernando L. Trinidad. "Does the level of social cultural beliefs affect the level of agreement of the respondents on the motivational dimensions of microinsurance?" International Journal of Research in Business and Social Science (2147- 4478) 9, no. 4 (2020): 138–52. http://dx.doi.org/10.20525/ijrbs.v9i4.744.

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Insurance products and services in general are intended to transfer the risks brought about by both man-made and natural hazards from an individual or an entity to another. But since there is a misconception that insurance offered by commercial insurers are expensive and only for the moneyed consumers, or people need a lot of money to insure, insurance is only good for those who have big businesses or valuable properties. The poor and the vulnerable have relied on informal risk-mitigating measures like community-based insurance system or worst do not have any other means to help them cope and
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Kucharski, Bartosz. "Civil Law Consequences of the Non-Adjustment of an Insurance Product by the Distributor to the Demands and Needs of a Customer." Prawo Asekuracyjne 3, no. 100 (2019): 18–35. http://dx.doi.org/10.5604/01.3001.0013.5730.

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According to the author, only in certain situations may the non-adjustment of insurance products to the demands and needs of the customer lead to the invalidity of insurance contract terms, or be remedied by the interpretation thereof in favour of the customer. Thus, the basic legal remedy which can be used by the customer in such case is to claim damages from the distributor. As a rule, distributors assume contractual liability based on the presumption of fault: in the case of brokers arising from brokerage contract, and in case of other distributors from obligations specified in the provisio
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Lara González, Rafael. "Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados." Derecho y Justicia, no. 3 (August 8, 2018): 101. http://dx.doi.org/10.29344/07196377.3.1394.

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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
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Paul Choi, Byeongyong, Jin Park, and Chia‐Ling Ho. "Liquidity creation or de‐creation: evidence from US property and liability insurance industry." Managerial Finance 39, no. 10 (2013): 938–62. http://dx.doi.org/10.1108/mf-11-2012-0243.

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PurposeThe purpose of this study is two‐fold. The first purpose is to properly measure the level of US property and liability (P/L) insurers liquidity creation, applying the liquidity creation measure developed by Berger and Bouwman. The second purpose is to identify factors affecting P/L insurers' liquidity creation using a regression. Particularly, this paper tests two competing hypotheses regarding the relationship between the level of capital and liquidity creation.Design/methodology/approachThe paper calculates liquidity creation for the US P/L insurers. First, the paper categorizes all i
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Bregvadze, Roland. "DEVELOPMENT OF «LIABILITY INSURANCE» IN GEORGIA FOR THE LAST 10 YEARS» (OVERVIEW OF 2008 - 2018)." Economic Profile 15, no. 20 (2020): 60–72. http://dx.doi.org/10.52244/ep.2020.20.07.

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In Georgia, the insurance industry has been developing since 1997, since the establishment of insurance development strategy by the state, the LEPL State Insurance Supervision Service, the main insurance regulation law on insurance, normative and sub-legal acts have been developed, and an important place has been given to insurance relations in Georgian civil, air, marine and customs code. Several types of compulsory insurance have been introduced. Over time, with the realization of the benefits of insurance by the public and private business, there has been a growing demand for the various ty
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Nam, Bach Thi Nha. "Duty to Provide Information in Insurance Contracts in the Pre-Contractual Period." VNU Journal of Science: Legal Studies 36, no. 3 (2020). http://dx.doi.org/10.25073/2588-1167/vnuls.4303.

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The obligation to provide information in insurance contracts in the pre-contractual period is one of the fundamental factors to form an insurance contract. Before participating in insurance contract, the insurers mainly rely on the information provided by the prospective policyholder, to assess risks on the information provided, then decide whether or not to engage in an insurance contract. Concurrently, the responsibility to provide information on the pre-contractual period is not only set for the prospective policyholders, but also for the insurers in explaining the terms and the standard cl
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Dissertations / Theses on the topic "Insured's contractual obligations"

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Dargis, Vytautas. "Draudėjo pareigų pagal draudimo sutartį pažeidimo teisinės pasekmės." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152127-87670.

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Auganti draudimo rinka ir draudimo reikšmė visuomenėje verčia valstybę pradėti reguliuoti santykius tarp draudikų ir draudėjų. Valdžios institucijos siekia apriboti draudiko galimybes piktnaudžiauti savo pranašumu sutartiniuose santykiuose. Yra stengiamasi, kad draudimo išmokos būtų išmokamos kaip įmanoma dažniau. Pažymėtina, kad tam tikrais atvejais prioritetinis draudėjo teisių gynimas draudiko ir draudėjo ginčuose pasireiškia nepagrįstu draudimo apsaugos išplėtimu ir draudėjo nebaudžiamumu. Draudikai gali bandyti pasinaudoti draudėjų silpnumu. Draudikai sudarydami draudimo taisykles, dažnai
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Book chapters on the topic "Insured's contractual obligations"

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"parties working towards the fulfilment of the common objective of securing the sale and delivery of the goods from the seller to the buyer. In a typical contract of this kind, the seller will arrange for shipment of the goods through the medium of a carrier, the carrier may have arranged for the goods to be unloaded at their destination by a firm of stevedores. Moreover, the transaction may have been financed under the terms of a commercial credit, which will involve the participation of banks acting on behalf of the buyer and the seller. In this network of contractual arrangements, it is always possible that one party may perform a duty he already owes to another party in the network and it is quite possible that this performance may be regarded as consideration for a promise made by one of the other parties to the network. In New Zealand Shipping Co Ltd v AM Satterthwaite & Co Ltd, the terms of a bill of lading stated that the carrier was not responsible for loss or damage to the cargo unless the action was brought within one year of the date on which loss or damage occurred. The bill further provided that the same immunity should extend to the carrier’s servants, agents and independent contractors. The carrier was a wholly owned subsidiary of the stevedores who unloaded the ship in New Zealand. In the course of unloading a drill owned by the consignee, damage was caused by the stevedores who were then sued for their negligence more than a year from the date on which damage was caused. The principal issue was whether the stevedores were entitled to the protection of the immunity from suit provided for in the bill of lading. Standard commercial practice in this type of contract indicated that the consignee should be insured against transit risks, including damage resulting from the process of unloading the cargo. However, a literal application of the doctrine of privity of contract suggested that the stevedores were not parties to the bill of lading with the result that they might still be liable for the damage to the cargo caused by their negligence. In a supreme example of judicial pragmatism expounding market-realist considerations, Lord Wilberforce, expressing the majority view of the panel, was able to construct a contract between the stevedores and the consignee, based on a promise by the consignee to exempt the stevedores from liability if they were to fulfil their contractual obligation to the carrier to unload the ship on its arrival in New Zealand. On the issue of consideration, Lord Wilberforce observed: New Zealand Shipping Co Ltd v AM Satterthwaite & Co Ltd, The Eurymedon [1975] AC 154, PC, p 167." In Sourcebook on Contract Law. Routledge-Cavendish, 1995. http://dx.doi.org/10.4324/9781843141518-63.

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