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 of conducting the litigation and, in particular, in the course of interviewing the insured, it may come to the solicitors' attention that the insurer did have grounds for rejecting the claim. In addition, the insured's lack of co-operation in the prosecution of the claim may amount to a breach of the insured's contractual obligation to assist. In such instances, conflicts of interest arise. In addition, where the policy provides for a deductible which is other than nominal, decisions made as to the conduct of the litigation, in particular, decisions relating to settlement of claims, may impact differently on insurer and insured and give rise to conflicts of interest. Part I of this article looks at conflicts faced by solicitors who, while acting for both insurer and insured, become aware of grounds upon which a claim under a policy could be rejected or, in the case of a claim which has already been accepted, could have been rejected. Part II examines a number of conflict problems which can arise in the conduct of litigation other than conflicts caused by the discovery of grounds for rejection.
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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 contract parties. Hence, the purpose of this paper is to introduce contemporary perspective on insurers pre-contractual information duties in German and Polish legal systems. First part includes a basic outline of insurance law in both countries in scope of IDD implementation. It is followed by comparative commentaries on “demands-and-needs test” as well as general information duties set out i.a. in German Insurance Contract Act (VVG) and Polish Insurance Distribution Act (UDU).The paper closes with certain conclusions and findings.
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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 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.
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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 become risk-averse. This misconception has led to the conceptualization of microinsurance as an offshoot to microfinance primarily to offer insurance products and services that are affordable, the contractual obligations of both the insured and the insurer are nonlegalistic and lesser technical to make it more understandable to the intended market. This study aims to assess if social-cultural beliefs affect the level of agreement of the respondents on the motivational dimensions of microinsurance. A descriptive-correlational method was used in this research. A 40-item self-made questionnaire was subjected to validity and reliability tests before the same was distributed to six hundred respondents all over the Philippines. There were 422 retrieved questionnaires which 70% of the total number of questionnaires deployed. Conclusively, the results indicate that the level of agreement of the respondents on the motivational dimensions of microinsurance vary from one factor to another
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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 provisions of the Insurance Distribution Act. Insurers bear tortious non-fault liability for the activities of their dependent agents. Basically, clients may claim full damages according to the so called “difference theory”. In many cases however the damages will be restricted to the value of the overpaid insurance premium.
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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 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.
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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 items in assets, liabilities and surplus into liquid, semi‐liquid, or illiquid. This process is based on the ease, cost, and time for insurers to meet their contractual obligation to obtain liquid funds or to pay off their liability. The paper also constructs the regression model to test the impact of insurers' surplus level on liquidity creation while controlling for the firm‐specific variables. The paper examines this relationship for the time period between 1998 and 2007.FindingsContrary to the study of depository institutions, the paper reports that P/L insurers are liquidity destroyers than liquidity creators. This paper also provides that liquidity destruction varies over time and differs among insurers in different size. The total amount of liquidity destruction ranges from 47 to 58 percent of insurer total asset. In addition, the results of a regression show that insurer capital is negatively related to the level of liquidity creation. This provides implications that insurers with lower level of capital face more regulatory requirements and are forced to meet liquidity demand more.Practical implicationsThe level of liquidity creation and the trend of liquidity creation of P/L insurers are of particular interest to regulators and consumers because the level of liquidity creation as shown during the financial crisis has a significant adverse impact on the financial intermediaries.Originality/valueThe paper do not aware of any study that attempts to measure liquidity creation by insurers and its relationship with both organizational and financial characteristics. The paper reports that P/L insurers are, unlike depository institutions, liquidity destroyers. Whether or not P/L insurers create/destroy liquidity is an interesting economic question to shed light on the roles of P/L insurers as a financial intermediary.
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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 types of insurance offered by private insurance companies. Including types of personal insurance, property and financial risk insurance. There was also some demand for various liability insurance in both the corporate and retail markets. Nevertheless, judging by the statistics of the Georgian insurance market from 2008 to 2018, we will see that liability insurance is less prominent. Leading among the types of insurance are types of insurance such as medical insurance, auto insurance, property and life insurance. Liability insurance ranks sixth and seventh, both in terms of premiums attracted and policies issued. Liability insurance is less in demand today and is preceded by types of insurance such as medical insurance, motor insurance, property and life insurance. The separation of the type of liability insurance and the importance of its development is due to the fact that it is impossible to attribute it to property or personal insurance. If the object of property insurance is the property of a natural or legal person, and the property of a person - human life, health and ability to work, then the object of liability insurance is the liability of the insured (insured) for damage to a third party in accordance with law or contractual obligations. Therefore, the aim of the paper is to reflect to some extent the problems of liability insurance development in Georgia and to offer recommendations for their solution.
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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 clauses of the insurance contract. In the article, the author analyzes the asymmetric information in insurance business and its interaction with the goodfaith principle, and presents the drawbacks of the current legal framework relating to duty to provide information in the insurance disputes in Vietnam.
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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 įtraukia neaiškias ir klaidinančias sąlygas. Bando įtvirtinti draudėjo pareigas draudimo sutartyje tokiu būdu, kad jų pažeidimas sudarytų sąlygas taikyti griežčiausias pasekmes. Naudodamiesi draudėjo ribotu teisiniu išsilavinimu, draudikai aiškina teises normas sau naudinga linkme. Tokia draudėjo padėtis kelia susirūpinimą. Darbo objektas – draudėjo pareigų pagal draudimo sutartį pažeidimo teisinės pasekmės. Yra analizuojamos bendrų prievolinių pažeistų teisių gynybos būdų ir specialių draudimo teisėje įtvirtintų gynybos būdų ryšys, jų taikymo galimybės, draudėjui pažeidus sutartį. Nagrinėjamos už draudimo sutarties pažeidimą skiriamų sankcijų taikymo sąlygos ir jų griežtumo nustatymo kriterijai. Draudimo sutarties pažeidimo teisinės pasekmės turi būti subalansuotas. Iš vienos pusės, jis turi sudaryti galimybes draudikui nubausti draudėją už sutartinių santykių nevykdymą ir efektyviai... [toliau žr. visą tekstą]<br>Legal Consequences of Breach of the Insured’s Obligations under an Insurance Contract Insurers can try to exploit policyholders’ lack of information on insurance. They incorporate ambiguous and misleading clauses in the insurance policy. Insurers try to imbed insured’s contractual obligations in such manner that their breach would evoke the strictest legal consequences. By using limited policyholder’s understanding of insurance contract law, insurers interpret terms of insurance contracts lucratively. Such abuse causes concern. Insurers are private enterprises. Insurers by seeking to increase their profits can attempt to impose stricter sanctions than it would be just on the insured for breach of his contractual obligations. Jeopardy arises that the insurer will impose sanctions on the policyholder in an abusive manner. The subject matter of this writing is legal consequences of the insured’s obligations under an insurance contract. Provisions of the Civil Code on breach of contractual duties and civil liability are being analyzed together with special provisions of insurance contract law. Their comprehensive and systematic study reveals the scope of sanctions available for insurer’s use and the conditions that must be met before applying the sanctions. At the present the number of disputes between insurers and policyholders is increasing. The reason behind the disputes often is lack of clearness in legal regulation. Insurers abuse the lack of clearness by abusively... [to full text]
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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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