I hope you like the information I wrote about insurance. I enjoy sharing the information I learned at school with you.
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Aşkın insurance
- when examined in terms of the equality between the price written in the insurance policy and the value of the insured property, it refers to the situation dec the value written in the policy is greater than the value of the property.
In case of damage, the insurer's payment will be limited to the fair value of the goods, as a result of the fact that the insured has paid an excess premium.
Insurable interest
- if it is the subject of an insurance contract, it is the interests of the policyholder that can be measured by the money on them. The coverage provided to the insured person is aimed at eliminating or replacing the financial loss of the insured person within the framework of the conditions of the insurance contract.
- insurable dec: insurance should include a subject in the areas of property, life, responsibility, there should be a financial relationship between insurance and the subject of insurance, this relationship should be legal and measurable with money.
In order to be able to talk about the insurable interest ;
> The insured person suffers material / moral damage when the risk occurs,
> The insured has an interest in the insurance issue
The owner has a direct interest, in addition, the tenant has the right to a mortgage (pledge, usufruct ), the interests of the owner, the security officer and the seven emirs are also at stake, so they can also insure the property.
> The interest is legal and moral.
- in life insurance, the value of life is considered infinite . Therefore, the concept of transcendental , incomplete, double insurance does not work here.
- the maximum liability for compensation is determined in liability insurance.
Transfer of rights ( succession - recourse)
✓ insurance earnings is not a tool, but he is driven by the purpose of compensation of damages according to sightings, insured value , if it has been damaged as a result of someone else's negligence or deliberate acts ; replacement of the insured the insurer and the insured loss from the transferee to the same damage from the third person who assumes the right to demand compensation for the damage caused. But this right should never be more than what is paid to the insurer.
- the insurer, after paying the cost of insurance, legally replaces the insured person. If the insured person has the right to sue third parties for damage, this right passes to the insurer at the rate of the price he has compensated.
- the acquisition of the right of succession by insurance companies is subject to the following conditions ;
a) first of all, the insurer must have the right to claim compensation against third parties for damages arising from the realization of the risk.
b) secondly, the insurance company must have paid the insurance compensation.
The insurance company may only be a successor to the rights of the insured person in relation to the insurance price it pays. For the part other than the amount of insurance compensation, the policyholder remains the right holder.
Insurance compensation must be paid to the person who is the true right holder. After the insurance company pays the insurance compensation that it is obliged to pay in accordance with the provisions of the insurance policy, it becomes the successor of the insured person by law.
Participation in damage ( Co-insurance )
- joint ( joint ) insurance is when more than one insurance company jointly insures a risk.
- compensation is paid by dividing the maximum coverage and the amount of damage incurred, provided that the participation rate of the insurers is the main one.
- unfair earnings are not provided.
- this principle is also called the principle of damage participation.
- in the principle of participation in damage, the policy ensures that the compensation to be paid is covered dec to the same rates, regardless of what rates have been shared between insurance companies. It is applied in joint insurance.
- the insured must have issued more than two or two policies.
- policies must be related to the same insurance subject.
- the risk of causing damage to the policies must be insured.
- policies should be in effect at the time of damage.
- the relationship between the insured and the insurable interest in the policies should also be the same.
- there should be no provision prohibiting participation in damage in the policies.
- two separate situations are observed in determining compensation.
- in policies that are not subject to the rate rule, the participation of insurers in the damage is calculated as the ratio of the cost of insurance that they provide coverage to the total cost of insurance.
- if the compensation calculated for the policies subject to the rate rule or the liability limit exceeds the damage, a proportional discount is made on the compensation.
The closest cause of damage is;
- it is important whether I have a cause for damage in the risks covered by the insurance policy.
- the insured is entitled to compensation as a result of the fact that the risk that caused the damage to occur is insured.
- payment of compensation with an insurance policy is possible only if one of the risks covered by this policy is realized.
- If a damage has occurred due to the occurrence of a risk contained in the policy, the cause of the damage is the occurrence of that risk. Then it is the only and immediate reason.
If a risk that is not included in the policy has occurred, then this is again the immediate cause, but compensation is not paid. Because it is not covered by the policy.
In some cases, damage may occur due to the fact that not one, but several risks contained in the policies occur simultaneously.
If these risks are included in the policy, it means that there is no problem. However, if the damage occurred from the risks that are excluded, then it is necessary to distinguish between the risk damages in the policy and the damage of the risks that are the exception.
In practice, the immediate cause can sometimes be difficult to determine. For example, the cause of the damage is not the only one, or there may be several reasons. The following examples help with these hesitations:
a) as mentioned above, if the risk mentioned in the policy was caused by itself, it means that there is no hesitation here.
b) if there is a risk accrued in the policy that is covered and excluded, then there is no problem in this case, which means that the insurer has no responsibility.
c) despite the two obvious examples mentioned above, sometimes damage occurs due to the occurrence of multiple threats. In this case, if all the risks that occur are covered by the policy, there is no hesitation again.
Damages incurred under the guarantee are paid, but if one of the risks has been excluded, the insurer will not pay for the damage caused by it.
d) sometimes insurances are accrued one after the other, and if the excluded risk is not found, then again there is no hesitation, and the insurer is responsible for all damages.
For example, if there are earthquake and flood risks in the fire policy, and the insured building was damaged by the earthquake first, and flood damage was accrued immediately after, there is also no problem here. Damage to both risks is paid.
