Student is committed to make insurance - when contracting - Data of interest to the insurer whether related to the same hazard insured him or was someone special student insurance.
However, the obligation of the insured - So - it does not break once the contract completely. But remain an obligation and weighing his shoulder during the validity of insurance, as this decade of continuing contracts . Therefore the insured must inform the insurer everything that occurs to the insured risk it and that would lead to the aggravation ([1]), whether to increase the chances of occurrence or increase the magnitude of the extent of the damage arising achieve.
For example, in fire insurance is such aggravation risk transfer insured thing to a region of increasing the proportion of prospects of danger, or to change the face of its use which will lead to it such as the use of the property insured at the store flammable materials or lease part of it for this purpose . In the insurance people from injuries regarded as exacerbate the danger change the insured person's occupation from ordinary to the most dangerous profession such as working in the field of therapeutic Diagnostic Radiology or in the role of treatment, and as dealing with chemicals and pesticides... Etc. .
However, the worsening danger in the pictures is quite different from previous increase the financial value of the insured things, such as increasing the value of the thing insured due to changes in the purchasing power of money or because of unforeseen circumstances led to this rise . This situation though lead to increase the amount of insurance (risk value), which bears the burden insured, but that are not regarded as exacerbate the danger the Insured shall notify the insurer.
However, it should be noted that the insurance contract does not received the responsibility of the insured obligation not to increase the risks that are likely to be exposed to the insured (thing or person) .Insurance be allocated not forbidden on the insured to exercise all his rights to the insured, for example, in the home insurance against fire does not preclude without doing Development building or change the purpose for him . As well as in life insurance not forbidden insured to undergo medical tests and surgical procedures even if the percentage of success slim .
In addition to the foregoing, the nature of risks insured property probability may increase from what it was at the time of contracting has diminished . But has an announcement to the insured in excess of opportunities if the risk insured him or increase the magnitude of the damage caused him.
However, the worsening of the insured risk it does not entitle the insured to automatically claim termination of the contract . Because exacerbate the danger even if by the insured, when announced insured so, not be regarded as breach of contractual obligations which entitles annulment is not a fault requires responsibility.
However, the insured may claim cancellation of the insurance contract due to the worsening risk becomes available one of two cases:
The first case - Exacerbate the risk to a degree of such magnitude that was if he had known when hiring what he has.
The second case - rejected the insured requested believer in increasing the amount of the premium rate commensurate with the size of exacerbations ([2]) .
In light of the above, what are the conditions to be met for the commitment of the insured announce exacerbate the danger?
([1]) Paragraph {c} Article (1066) of the preliminary draft of the law that "The applicant for insurance, including the following:
(C) To notify the insurer including occurring during the decade of the conditions that would lead to Increase this risk "(a group of preparatory work, vol 5, p 339).
([2]) Article (1069) of the preliminary draft of the Civil Code provides that"
1 - If the insured causes doing to increase the risk insured so that if this situation existed at the time of conclusion of the contract declined contract, or the contract only return for the largest, the insured shall cause to announce the insurer registered letter.
2 - If it is not insured by the increased risk, he must believer that the announcement in a matter of ten days from the date of knowledge.
3 - may be a believer in the advanced cases may request termination of the contract, unless before the insured at the request of the insured, an increase in exchange for insurance is calculated on the basis of insurance tariff.
4 - However, it is not permissible for the believer to invoke an increased risk if after learning them in any way has shown his desire to retain the contract, or in particular, if he continues to retain premiums or if the payment of compensation Yet if the risk insured against him " (Group Preparations, vol 5, p 343).
التسميات
Insurance Risk