Advanced

Nedsättning av försäkringsersättning : en studie avseende konsumentförsäkringslagens 30-32 §§

Lindell-Frantz, Eva LU (1996)
Abstract
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... (More)
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. (Less)
Please use this url to cite or link to this publication:
author
opponent
  • prof. Dufwa, Bill, Stockholm
organization
alternative title
Reduction of indemnity. A study concerning the Consumer Insurance Act, paragraph 30 - 32.
publishing date
type
Thesis
publication status
published
subject
keywords
insurance, Consumer, secondary duties, reduction of indemnity, identification, negligence, principles of reasonableness, safety regulations., Civilrätt, Civil law
pages
385 pages
publisher
Eva Lindell-Frantz, Institutitionen för handelsrätt, Lunds Universitet. Ole Römers Väg 6, 223 63 Lund, Sweden.,
defense location
May 18, 1996 at 10.15 am. Carolinasalen, Kungshuset, Lundagård, Lund.
defense date
1996-05-18 10:15
external identifiers
  • Other:ISRN: LUJUDV/JUCI--96/1001--SE 385
language
Swedish
LU publication?
yes
id
a54fc6ce-6dc8-4eb7-abfc-70429b8c6acd (old id 17641)
date added to LUP
2007-05-24 09:37:32
date last changed
2016-09-19 08:45:05
@phdthesis{a54fc6ce-6dc8-4eb7-abfc-70429b8c6acd,
  abstract     = {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.<br/><br>
<br/><br>
Paragraph 30 - 32 deals with what may be called the &lt;i&gt;secondary duties&lt;/i&gt; 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 &lt;i&gt;reduction&lt;/i&gt; of the indemnity &lt;i&gt;so far as it is reasonable&lt;/i&gt; 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.<br/><br>
<br/><br>
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 (&lt;i&gt;identification&lt;/i&gt;).<br/><br>
<br/><br>
The broad principles of reasonableness that are laid down in the rules of reduction should be regarded as &lt;i&gt;a general guide&lt;/i&gt; 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.<br/><br>
<br/><br>
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.<br/><br>
<br/><br>
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.},
  author       = {Lindell-Frantz, Eva},
  keyword      = {insurance,Consumer,secondary duties,reduction of indemnity,identification,negligence,principles of reasonableness,safety regulations.,Civilrätt,Civil law},
  language     = {swe},
  pages        = {385},
  publisher    = {Eva Lindell-Frantz, Institutitionen för handelsrätt, Lunds Universitet. Ole Römers Väg 6, 223 63 Lund, Sweden.,},
  school       = {Lund University},
  title        = {Nedsättning av försäkringsersättning : en studie avseende konsumentförsäkringslagens 30-32 §§},
  year         = {1996},
}