MISREPRESENTATION SEBAGAI FRAUD DALAM PERKARA KONTRAK ASURANSI YANG DILAKUKAN PENANGGUNG

Abstract

Insurance companies in Indonesia are currently trapped in the stigma of seeking the highest premiums. Many agents do not work according to standards and do not explain in detail the insured party’s rights and obligations. This study aims to determine the meaning of misrepresentation and forms of misrepresentation made by the insurer in an insurance contract case based on court decisions. This normative juridical approach uses content analysis method. The results showed that the insurer failed to provide correct information about the importance of medical check-ups about life insurance, failed to explain the relationship between honesty in disclosing material circumstances with the risk of cancellation of the policy or the consequences of an insurance claim being rejected, failed to present the correct information to policyholders and gives the impression that insurance claims can be made easily, only with a photocopy of the receipt for payment of hospital fees, and the failed to present correct information that the policy can only be closed to other people if the prospective insured has a birth certificate and cannot be replaced by a statement only.