6 Basic Insurance Principles according to KUH
According to the KUH Trade which is the basic principle of insurance or coverage are as follows:
1. Principles of Insurable Interest
However, there is a possibility that the loss suffered by the insured will not be completely replaced by the insurer. If article 284 of the Criminal Procedure Code is implemented strictly, it causes injustice for the insured because he loses his right to claim compensation to a third party. To solve the problem, according to Emmy Simanjuntak, it is best to apply limited subrogation.
5. Proximate Cause With the closing of the insurance agreement, it creates an obligation to the insurer to provide compensation because the insured suffers a loss. For this reason, it must be determined whether the event that caused the loss is under the responsibility of the guarantor. In other words, it must be examined the connection with the event with the loss that occurred. If the loss is caused by an event that does not include the cause of the loss recognized in the insurance, the guarantor is exempted from the obligation.
6. Principles of Mutual Cooperation
According to the KUH Trade which is the basic principle of insurance or coverage are as follows:
1. Principles of Insurable Interest
This insured or insured principle of interest is contained in the provisions of Article 250 KUHD which essentially determines that for an agreement to be carried out, the insured object must be an insurable interest, that is, interests that can be valued with money. In other words, according to this principle a person may insure goods if the person concerned has an interest in the insured item.
2. Principle of openness (Utmost Good Faith)
This principle of utmost good faith is contained in the provisions of Article 251 of the KUHD which basically states that the closing of insurance is only legal if its closure is based on good faith.
3. Principle of Indemnity (Indemnity) The principle of Indemnity is contained in the provisions of Article 252 and Article 253 of the Indonesian Criminal Code. According to the principle of indemnity that the basis of compensation from the insurer to the insured is the amount of the loss actually suffered by the insured is equal to the actual loss suffered by the insured in the sense that it is not justified to seek profits from insurance compensation.
In other words, the core of the identity principle is balanced, which is balanced between the losses actually suffered by the insured and the amount of compensation. In this regard, the principle of compensation applies only to insurance whose interests can be valued with money, which is insurance. In the KUHD multiple insurance is permitted, provided that the insurance is carried out in good faith. But this good faith is not explained further in the KUHD.
4. Subrogation Principle Subrogation is the replacement of the position insured by the insurer who has paid compensation, in carrying out the rights of the insured to a third party that might cause a loss. This subrogation principle is contained in the provisions of article 284 of the Criminal Procedure Code which essentially determines that if the insured has received reimbursement on the basis of other principles, although clearly there are other parties who are also responsible for the losses suffered. Reimbursement from other parties must be submitted to the guarantor who has provided the intended compensation.
2. Principle of openness (Utmost Good Faith)
This principle of utmost good faith is contained in the provisions of Article 251 of the KUHD which basically states that the closing of insurance is only legal if its closure is based on good faith.
3. Principle of Indemnity (Indemnity) The principle of Indemnity is contained in the provisions of Article 252 and Article 253 of the Indonesian Criminal Code. According to the principle of indemnity that the basis of compensation from the insurer to the insured is the amount of the loss actually suffered by the insured is equal to the actual loss suffered by the insured in the sense that it is not justified to seek profits from insurance compensation.
In other words, the core of the identity principle is balanced, which is balanced between the losses actually suffered by the insured and the amount of compensation. In this regard, the principle of compensation applies only to insurance whose interests can be valued with money, which is insurance. In the KUHD multiple insurance is permitted, provided that the insurance is carried out in good faith. But this good faith is not explained further in the KUHD.
4. Subrogation Principle Subrogation is the replacement of the position insured by the insurer who has paid compensation, in carrying out the rights of the insured to a third party that might cause a loss. This subrogation principle is contained in the provisions of article 284 of the Criminal Procedure Code which essentially determines that if the insured has received reimbursement on the basis of other principles, although clearly there are other parties who are also responsible for the losses suffered. Reimbursement from other parties must be submitted to the guarantor who has provided the intended compensation.
However, there is a possibility that the loss suffered by the insured will not be completely replaced by the insurer. If article 284 of the Criminal Procedure Code is implemented strictly, it causes injustice for the insured because he loses his right to claim compensation to a third party. To solve the problem, according to Emmy Simanjuntak, it is best to apply limited subrogation.
5. Proximate Cause With the closing of the insurance agreement, it creates an obligation to the insurer to provide compensation because the insured suffers a loss. For this reason, it must be determined whether the event that caused the loss is under the responsibility of the guarantor. In other words, it must be examined the connection with the event with the loss that occurred. If the loss is caused by an event that does not include the cause of the loss recognized in the insurance, the guarantor is exempted from the obligation.
6. Principles of Mutual Cooperation
This principle means that the problem solving that arises is done together.
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