НОВИ УСЛОВИ ЗА ОСИГУРАЊЕ ОД ОДГОВОРНОСТИ И ЊИХОВ ЗНАЧАЈ ЗА РАЗВОЈ ОСИГУРАЊА
NEW CONDITIONS FOR INSURANCE AGAINST LIABILITY AND THEIR SIGNIFICANCE FOR THE DEVELOPMENT OF INSURANCE

Summary/Abstract: With regard to the Proposal of the General Conditions for the Insurance Against Liability which should be made effective as soon as possible a review is given of the origin of this kind of insurance, its general characteristics and legal nature, with the opinion that it should be separated from the insurance of property or estate in the classification of various kinds of insurance, for insurance of property or estate has real property for its subject-matter. This is the first time that domestic (our own) conditions have been proposed in this complex and still undevelop ed insurance, after several important and controversial questions having previously been studied with a view to the new conditions being an incentive for more serious work in this matter. Pointing to the interdependence of liability and insurance, it is stated that more preference is given to the element of indenmification within the concept of liability, granting therefore more significance to insurance. In the review of the more important solutions of the Proposal of Conditions, the subject and scope of coverage has been studied with attention, stressing that insurance pertains not only to non-contractual but also to contractual liability as well, explains the sources of danger, change of insured sources of danger and new dangers which should be provided soveragé for. The concept of clean property damage is made clear and coverage of damage caused by pollution of earth and water regulated to a certain extent. A concise analysis of exemptions from insurance is given, outlining the position of the worker-insured party, the unjustness of exemption of liability from the holding and use of machines in every day production, which are in this respect insured on the basis of „self-liability”; that damages from products are exempt althought a particular coverage should have been provided for them; the exemption of claims for damages caused to property of other owners in the performance of the insured business activity has been mitigated by the fact that it pertains to professional mistakes; liability for damages being the consequence of professional illness has also been exempt. In connection with the insured cases, a line is drawn between the actual insured case itself i.e. the event causing the actual damage, and the existence of the claim of the injured party as the condition for the birth of the obligation of the insurer. More elaborated reasons are given, justifying the clause of the prohibition of giving statements about the damage claim on part of the insured, all the more because apparently there were opposite opinions during the public discussion on the subjects. As to the legal protection provided by the insurer, it was stressed that its significance should diminish due to the possibility of direct submission of claims against him. Some questions of indemnification and expenses of the procedure are also touched upon, discussing afterwards the direct submission of the claim by the injured party as a novelty of the Law of Obligations and the Voluntary Insurance Against Liability, but which, with regards to the contractual regulation of the sum of insurance and otherwise, does not provide the degree of protection enjoyed by compulsory insurance. The need is emphasised for the working out of special conditions of insurance for the various forms of liability, among them, for damage caused by products, for damages caused by pollution of the human environment, the liability of the construction and planning organisations etc. Asserting the realistic opportunities for the development of this form of insurance provided that certain problems of staff and organisation are solved by the insurers as well as continued creative work on its normative regulation, the submitter of this report is of the opinion that insurance against liability will take the lead in the development of domestic insurance in this decade.

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