The rights and obligations As with any other property insurance contract, its content consists of the rights and obligations of the parties, that is, the rights and obligations of the insured and the insurer, as well as the rights of the third party. Since the third party only has powers that are almost identical to those of the insured, and since he is not always a party to the property insurance contract, even in our case law, he is rarely a party. in this contract, I will stop
In detail, I am dealing only with the rights and obligations of the insured and the insurer. The treatment of the contents of the property insurance contract will start with the rights and obligations of the insured.
Insured’s rights:
a) has the right to request the conclusion of this contract
b) has the right to demand payment of the insurance amount at the time of occurrence of the insurance case.
c) has the right to seek the termination of the insurance contract if it has been entered into in violation of the applicable legal provisions.
d) has the right to assign another person to receive the amount of insurance upon the occurrence of the insurance case. Dies, the amount of coverage payable to a member of his family, another person, the state, or a public legal entity, but not to a private legal entity.
This means that the insured is entitled, at the time of signing the insurance contract, to specify in the contract that, in the event of his death causing the insurance event, the amount of insurance that the insurer was obliged to pay. Pay to him under the conditions set out in the contract, the insurer to pay to a member of his family, another person, the state or another public legal entity. Insurance is payable to a member of his family; he must specify in the contract also the specific member of the family, namely whether he is a father, mother, spouse or children, as these are typically considered family members.
Obligations of the Insured:
a) Responsibility of the insured to notify the insurer, at the time of conclusion of the contract, of any circumstances of which he is aware and which is essential for determining the nature and extent of the risk. Cases of vital importance shall be those circumstances which may play a significant role in increasing the risk, accelerating and increasing the likelihood of a disaster, and in its magnitude in increasing the amount of damage and so on. These circumstances will be determined on a case-by-case basis.
The law stipulates that circumstances will be considered essential for determining the extent and nature of the risk, all cases for which the insurer has asked the insured in writing. It follows that the law leaves it up to the insurer to determine what items it deems to be essential to the risk, as well as the obligation that the insurer should, in these circumstances, ask the insured in writing.
What happens if the insured does not answer all the written questions asked by the insurer about the essential circumstances that determine the nature and extent of the risk, will the property insurance contract in these cases be valid or not?
This question is expressly answered by the third paragraph of Article 1117 of the Civil Code, according to which if the insurance contract is concluded without answering any of the questions regarding the clarification of the essential circumstances, this contract cannot be invalid for this reason only. This means that in case the insured has not answered all the questions asked by the insurer regarding the essential circumstances that are important for determining the nature and extent of the risk, the insurance contract concluded in the absence of these answers of the insured, is valid and will bring the legal consequences that the parties want. The insured has the legal obligation to notify the insurer accurately and truthfully at the time of conclusion of the insurance contract.
the circumstances of which he is aware and of crucial importance in determining the nature and extent of the risk.
This solution is expressly provided for in the law whereby if the insurance contract is entered into for more than one person or object, it remains valid only for those persons or purposes who do not refer to inaccurate statements or incomplete ones made intentionally by the insured. The insurer has the right to request the termination of the insurance contract, or to request the change of insurance premium, insurance amount or term of the agreement, only in cases when the insured has deliberately given false or silent information — the existence of circumstances which are essential for determining the nature and extent of the risk.
If the insured provides inaccurate or quiet information about conditions which served as the basis for the conclusion of the insurance contract and it is established that he has not done so intentionally or grossly negligently, the insurer shall not be entitled request the termination of the insurance contract, but shall have the right to waive the contract by notifying the insured in writing within three months of being informed of the existence of such circumstances.
a) The obligation of the insured to notify the insurer of any change in circumstances that he or she has been aware of that may affect the increase of insurance risk during the term of the contract. This is another crucial obligation of the insured, which is related to the time when the insurance contract was concluded between the parties and is still being implemented under the conditions set by them.
b) The obligation of the insured to pay in favor of the insurer the insurance premium provided in the contract. This constitutes one of the most important responsibilities that the law provides for the insured in the property insurance contract. The insurance premium is the amount of money that the insured must pay in favor of the insurer for the insurance of the property. This insurance premium is funded by the insured in the amount specified in the contract. I can pay the insurance fee
a) insurance, immediately, in total, or installments. Failure to pay the term or failure to pay the insurance premium on the part of the insured entails the suspension of the implementation of the insurance contract. In cases when the insurance contract stipulates that the insurance premium will be paid in installments and if after the first installment is funded by the insured, the insured does not pay the following installments according to the defined terms, the insurance contract is suspended from the 24th day of the fifteenth day after the expiry of the payment deadline and upon the expiration of this deadline the insurer has the right to request the termination of the contract.
b) The insured, upon verification of the insurance event, is obliged to notify the insurer of this fact within the time limit specified in the contract and to take all necessary measures to reduce or reduce the damage.
c) The insured or the third party to whom the contract is concluded must prove the insurance case as well as the damage suffered and notify the insurer of all information that he is aware of and relevant to the case insurance (Article 1127 of the Civil Code)
d) The insured must pay the insurance premium promptly as provided in the contract.
One of the rights worth noting is the right that the insured has to appoint another person to receive the insurance amount upon the occurrence of the insurance case.This right is expressly provided in the law, according to which the insured may stipulate in the insurance contract that in the event of his death, the amount of insurance shall be paid to one member of his family, to another person, state, or a public legal entity, but not a private judicial body. This means that the insured is entitled, at the time of signing the insurance contract, to specify in the contract that, in the event of his death causing the insurance event, the amount of insurance that the insurer was obliged to pay. Pay to him under the terms of the contract, the insurer to pay to a member of his family, another person, the state or another public legal entity.
Where the insured has stipulated in the contract that, after his death, the amount of insurance is payable to a member of his family, it is necessary for him to specify in the agreement also the specific member of the family, namely whether he is a father, mothers, spouses or children, as these are usually considered family members.
However, to determine precisely who is regarded as a family member, we must refer to the provisions of the Family Code, which explicitly specify who is considered a family member. Regardless of that. Even where the insured has determined that the amount of insurance after his death is to be paid to another person outside the family members, this determination is still valid as, under the relevant provision, the insured has the right to determine that after at the time of his death, the amount of insurance shall also be paid to any other natural person or state.
It is essential in this case that the insured when determining that after his death, the amount of insurance to be paid to a family member, he must explicitly specify the name of the family member. Otherwise, this determination is invalid, and the amount of coverage shall be paid to all his heirs, by the rules on inheritance.