Rejection of Accident Insurance Claims by Insurance Companies

IF 2.1 Q2 SOCIOLOGY
NORMA Pub Date : 2021-07-30 DOI:10.30742/nlj.v18i2.1585
B. T. Samudera
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Abstract

Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.
保险公司拒绝意外保险索赔
保险是对不确定风险的发生和承担这些风险的责任的一种补偿形式。这种风险的发生是不确定的,因为它取决于不确定性。风险转移是通过订立保险协议或保险协议来进行的。第一方通常被称为被保险人。第二种是愿意接受第一方风险的一方,接受称为溢价的付款。风险承担者通常被称为保险公司。本研究采用的研究方法采用了法律方法研究方法(法规方法)和概念方法(概念方法)。根据这项研究的结果,研究人员指出,拒绝保险协议的依据或原因是因为保险协议是一项有条件的协议,即保险人只根据保险协议中各方约定的导致被保险人损失的事件的条款承担被保险人所遭受的损失。或者被保险人不履行向保险人支付保险费的义务。根据1999年第8号法律第23条的规定,如果保险人拒绝索赔,被保险人可以采取的法律补救措施是向当地地方法院提起诉讼。它可以通过BMAI机构完成。关键词:保险,索赔,争议解决。
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来源期刊
NORMA
NORMA Social Sciences-Gender Studies
CiteScore
3.00
自引率
14.30%
发文量
23
期刊介绍: NORMA is an international journal for high quality research concerning masculinity in its many forms. This is an interdisciplinary journal concerning questions about the body, about social and textual practices, and about men and masculinities in social structures. We aim to advance theory and methods in this field. We hope to present new themes for critical studies of men and masculinities, and develop new approaches to ''intersections'' with race, sexuality, class and coloniality. We are eager to have conversations about the role of men and boys, and the place of masculinities, in achieving gender equality and social equality. The journal was begun in the Nordic region; we now strongly invite scholarly work from all parts of the world, as well as research about transnational relations and spaces. All submitted manuscripts are subject to initial appraisal by the Editors, and, if found suitable for further consideration, to peer review by independent, anonymous expert referees. All peer review is double blind and submission is online via Editorial Manager.
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