Obligatoriska ansvarsförsäkringar : deras ändamål och ändamålsenlighet
This paper treats the differences in terms of insurance between optional and compulsory third party liability insurances. It also treats the purpose of the compulsory third party liability insurances and their accordance with that purpose. The primary purpose of the optional third party liability insurance is to ensure the policyholder financial resources to cover possible claims for damages.
The primary purpose of the compulsory third party liability insurance is to render possible the compensation of a third party for damage done. The policyholders financial ability to pay damages is of subordinate interest, and the purpose of compulsory third party liability insurances is thus twofold. Estate agents, insurance agents and accountants are required by law to have a third party liability insurance linked to their enterprises.
The terms of the compulsory third party liability insurances are, unlike the optional insurances, dictated by the legislator. As a result, the compulsory insurance has not been developed at the same pace as the optional. This is a consequence of an unwillingness on behalf of the authorities, to compromise and to adapt the third party liability insurance in order to make it more in accordance with its purpose. Therefore, the insurance companies have also been less inclined to grant insurance on the exposed premises, which has resulted in the above-mentioned enterprise-owners risking insurance distress.
The legislation of each trade offers the possibility to leave other security than the holding of a compulsory third party liability insurance to protect the third party. According to this paper, this possibility has not been enough emphasised. The conception"third party protection"should, according to the author, be emphasised in each legislation, irrespective of the form chosen. The risk exposure the enterprise-owners are exposed to can cause problems for the insurance companies in determining what liabilities should be covered by the compulsory third party liability insurance. Damage prevention activities are carried out to different extent within each trade organisation, but compulsory third party liability insurances are better suited within legislations where the insurance companies have good control over the proportions of the damages and as a result can assess the risk of damage more easily.
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