Nedsättning av försäkringsersättning : en studie avseende konsumentförsäkringslagens 30-32 §§
Reduction of indemnity. A study concerning the Consumer Insurance Act, paragraph 30 - 32.
Author
Summary, in English
This thesis concerns paragraph 30, 31 and 32 of the Consumer Insurance Act. The Consumer Insurane Act was adopted in 1981. It is applicable to combined insurance policies covering fire, burglery, liability, and certain other risks when the insured party is a consumer. In these cases, the Consumer Insurance Act is applicable to motor vehicle-, yachting- and travelling insurance contracts as well.
Paragraph 30 - 32 deals with what may be called the <i>secondary duties</i> of the insured, meaning misrepresentation and non-disclosure at the time of taking out the insurance, failure to comply with safety regulations or to minimize loss, intentional or negligent causing of the event insured, increase of risk and failure to give notice to the insurer of the occurance of the event insured. The rules concerning these duties are mainly mandatory, and they provide that the insured shall not lose any of the indemnity to which he is entitled under the insurance contract, unless he has acted at least negligently. The consequence of a relevant breach of a duty is <i>reduction</i> of the indemnity <i>so far as it is reasonable</i> considering all the circumstances in the case. Special importance is to be given to the influence of the breach on the occurence and the extent of the loss and the degree of fault.
Paragraph 30 - 32 also deals with the insurer's right to invoke contravention of an incidental obligation by persons other than the insured such as family-members or a person in charge of the damaged property (<i>identification</i>).
The broad principles of reasonableness that are laid down in the rules of reduction should be regarded as <i>a general guide</i> for the formation of insurance conditions, in which more precise norms are supposed to be confirmed. This is meant to make it easier to predict the result of the interpretation of the rules.
This dissertation has two purposes. Firstly it aims to describe and elucidate the interpretation of the rules of reduction. Secondary it deals with the process of the implementation of these rules. The study of how the law ought to be interpreted is based on traditional juridical method, while the examination of the process of the implementation is based on studies of insurance contracts and conclusions from The Public Complaints Board during the period of 1981-01-01 to 1995-11-30.
In the dissertation it is shown that, after an introductory period of uncertainty, nowadays there is more or less consensus concerning how the reduction rules should be used. It is also argued that these rules has contributed to strenghten the position of the consumers, but it is also pointed out that it still is the insurance companies that have the power to decide what risks the insurance should include.
Paragraph 30 - 32 deals with what may be called the <i>secondary duties</i> of the insured, meaning misrepresentation and non-disclosure at the time of taking out the insurance, failure to comply with safety regulations or to minimize loss, intentional or negligent causing of the event insured, increase of risk and failure to give notice to the insurer of the occurance of the event insured. The rules concerning these duties are mainly mandatory, and they provide that the insured shall not lose any of the indemnity to which he is entitled under the insurance contract, unless he has acted at least negligently. The consequence of a relevant breach of a duty is <i>reduction</i> of the indemnity <i>so far as it is reasonable</i> considering all the circumstances in the case. Special importance is to be given to the influence of the breach on the occurence and the extent of the loss and the degree of fault.
Paragraph 30 - 32 also deals with the insurer's right to invoke contravention of an incidental obligation by persons other than the insured such as family-members or a person in charge of the damaged property (<i>identification</i>).
The broad principles of reasonableness that are laid down in the rules of reduction should be regarded as <i>a general guide</i> for the formation of insurance conditions, in which more precise norms are supposed to be confirmed. This is meant to make it easier to predict the result of the interpretation of the rules.
This dissertation has two purposes. Firstly it aims to describe and elucidate the interpretation of the rules of reduction. Secondary it deals with the process of the implementation of these rules. The study of how the law ought to be interpreted is based on traditional juridical method, while the examination of the process of the implementation is based on studies of insurance contracts and conclusions from The Public Complaints Board during the period of 1981-01-01 to 1995-11-30.
In the dissertation it is shown that, after an introductory period of uncertainty, nowadays there is more or less consensus concerning how the reduction rules should be used. It is also argued that these rules has contributed to strenghten the position of the consumers, but it is also pointed out that it still is the insurance companies that have the power to decide what risks the insurance should include.
Department/s
Publishing year
1996
Language
Swedish
Document type
Dissertation
Publisher
Eva Lindell-Frantz, Institutitionen för handelsrätt, Lunds Universitet. Ole Römers Väg 6, 223 63 Lund, Sweden.,
Topic
- Law
Keywords
- insurance
- Consumer
- secondary duties
- reduction of indemnity
- identification
- negligence
- principles of reasonableness
- safety regulations.
- Civilrätt
- Civil law
Status
Published
Supervisor
- [unknown] [unknown]
ISBN/ISSN/Other
- ISRN: LUJUDV/JUCI--96/1001--SE 385
Defence date
18 May 1996
Defence time
10:15
Defence place
May 18, 1996 at 10.15 am. Carolinasalen, Kungshuset, Lundagård, Lund.
Opponent
- Bill Dufwa (prof.)