Framkallande av försäkringsfall - en analys av begreppet grov vårdslöshet

Sammanfattning: The thesis describes the important secondary obligation to not induce insurance cases in the case of consumer insurance. A central concept for the application of the rules on development is gross negligence. The concept is undefined in the Insurance Contracts Act, which is why an examination of its meaning is made. In addition, there are a number of other secondary obligations under the insurance contract that the policyholder must fulfill. There are boundary problems between induction, safety regulations and rescue obligations. The essay examines how the boundary is done. If an insured has caused an insurance case through gross negligence, the insurer's liability for damages will normally lapse completely. The significance of gross negligence is interesting from both the policyholder's and the insurer's perspective. Different opinions prevail on how the boundary should be drawn between the induction, the safety regulations and the duty of rescue. A decisive factor in assessing which obligation is breached should be whether the policyholder has committed an active or passive act and whether the action occurred before or after the injury occurred. According to the general rule, the induction must have been with purpose or gross negligence. Exceptionally through "normal" negligence. The insured or other identified with the person must have caused the development and some causality is required between the action and the damage. The definition of gross negligence is not uniform in the area of insurance law. Practice shows a restrictive application of gross negligence. A deliberate risk-taking is likely to be required, where the act has been particularly ruthless or nonchalant and has caused extensive damage. If the policyholder has taken risks solely because of. that insurance cover exists, it can be considered grossly negligent.