Försäkringsavtalet och försäkringsgivares regressrätt

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Through the insurance contract, the insurer undertakes to compensate potential damages that occur to the insurant, against compensation. The parties also undertake to provide truthful and accurate information. In the event of damage caused by a third party, the insurer may enter into the insured's right to award, provided that the damage is covered by the insurance and that the insurer has paid compensation to the insured. If the tortfeasor is covered by a liability insurance, the property insurer may, under certain conditions, direct subrogation claims against the tortfeasor's liability insurer. The purpose of this thesis is to examine the parties' information obligations and the conditions for insurers' direct subrogation claims against the tortfeasor or his liability insurer. The thesis also intends to examine the industry-wide agreements The Subrogation Agreement and the Double Insurance Agreement, which intends to rationalize subrogation claims and division of responsibilities in the case of double insurance. The conclusion of this thesis is that the insurance contract, of which the right of subrogation is a part, is based on correct and transparent communication as well as loyalty and responsibility over time, for all parties involved. This is of great importance in long-term agreements. The industry-wide agreements have been signed by several insurance companies in Sweden, however, the agreements are complex primarily from the insured's perspective. In addition, the conditions for insurers to make subrogation claims vary depending on whether the tortfeasor is covered by a liability insurance or not and whether the insurance companies have acceded to the industry-wide agreements.

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