CASE STUDY ON THE CONSEQUENCES OF THE INSURER`S REFUSAL TO PAY THE COMPENSATION WITHIN THE TERMS OF CONTRACT
CASE STUDY ON THE CONSEQUENCES OF THE INSURER`S REFUSAL TO PAY THE COMPENSATION WITHIN THE TERMS OF CONTRACT
Author(s): Daniela Isabela ScarlatSubject(s): History of Law, Human Rights and Humanitarian Law, Law on Economics, Philosophy of Law, Sociology of Law, Labour and Social Security Law
Published by: Editura Arhipelag XXI
Keywords: optional insurance for vehicles; payment of the indemnity by the insurer; jurisprudence of courts; liability of the insurer;
Summary/Abstract: In the case of goods insurance, the insurer undertakes to pay an indemnity to the insured, the beneficiary of the insurance or other entitled persons upon the occurrence of the insured risk. This article is intended to present a practical case with the help of which we understand how CASCO type insurance contracts work. The main issue of the case is the insurer`s refusal to compensate within the term, based on a case of exclusion from insurance provided in the contract. If, due to the unjustified refusal of the insurer to pay the compensation within the maximum term imposed by the insurance contract, the insured was obliged, for the company's operation, to rent a car similar to the damaged one, the correct solution of the court is to oblige the insurer to payment of the rental value of this car.
Journal: Journal of Romanian Literary Studies
- Issue Year: 2023
- Issue No: 32
- Page Range: 388-393
- Page Count: 6
- Language: English