Identifikation i företagsförsäkring - Rättsläget och försäkringsvillkorens överensstämmelse med FAL
Sammanfattning: Insurance contracts are agreed upon between insurance companies and policy holders. If the insurance is taken out in favor of the policy holder, who fulfils its main obligation to pay the insurance fee, the holder is entitled to insurance compensation. In addition to this, the Swedish Insurance Contracts Act (FAL 2005:104), contains mandatory rules about “secondary obligations”, imposed on the policy holder and other insured. If someone obliged to follow instead violates them, the compensation can be reduced. In the assessment of if the “secondary obligations” are fulfilled, the identification issue is raised. Who, with a connection to the insured, can violate the “secondary obligations” so that the compensation is reduced? Identification is relevant especially for company insurances because the insured is a legal person, who is represented by the company organ and also hires employees and service providers. For safety regulations FAL 8 chapter. 12 § 1 part. 2 sentence. is applicable and for the obligations not to cause an insurance case and to fulfill the rescue obligation FAL 8 chapter. 14 § is applicable. By the use of a legal dogmatic method, this essay examines how the rules about identi¬fication in FAL should be applied and how the prevention purpose, which is the goal of identification, is best fulfilled. The purpose is also to investigate whether the identification terms of Swedish insurance companies are in accordance with FAL. Largely a conclusion, applicable for all the “secondary obligations” is that only the employees and service providers hired by the insured company can be identified with it. The conditions for identification with these groups for each “secondary obligation” are different. Also, regarding FAL 8 chapter. 12 § 1 part. 2 sentence. the conclusion is that only hired employees and service providers with “supervisory responsibility” for the compliance of the safety regulation can be identified with the insured company. If the paragraph is applied based on that the supervisory responsibility can be imposed only on hired employees and service providers that have “actual influence over the risk of injury”, the application is compatible with the purpose of prevention. The conclusion regarding FAL 8 chapter. 14 § is that, if the insurances terms don’t regulate the identification, persons with leading positions in the company or on the place where the work is performed, e.g. CEO, local manager or someone in a management position, can be identified with the insured company. This is compatible with the purpose of prevention because people in leading positions have true influence over the injury risk. However, the insurance terms can also state that service providers as well as employees and service providers without leading positions can be identified with the insured company. That persons without leading positions can be identified is hardly compatible with the purpose of prevention. Furthermore, the conclusion is that Swedish insurance companies, most likely have identification terms that are in accordance with FAL. However, regarding safety regulations, this depends on how the supervisory responsibility is imposed.
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