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When concluding a residential insurance contract
Uploaded: 10.12.2018
Content: S18-336.docx 16,91 kB
Product description
When concluding an insurance contract for a dwelling house and a bathhouse against a fire for a period of 2 years, the insurer of Serapions, after agreeing with the insurer on the essential terms of the contract, left several boxes blank, because he did not know exactly what materials the house and construction technology was built from (he bought the house and bath already built form). The policyholder promised, if possible, to obtain this information and transfer it to the insurance company.
After the occurrence of the insured event (the bath burned down and the house was partially damaged), the insurance company refused to pay the insurance policy to the insured, considering the contract to be invalid due to non-receipt of the policyholder’s responses. In addition, the insurance company stated that the policyholder reported false information about the absence of buildings adjacent to the household. As it turned out, at the time of signing the insurance contract in the immediate vicinity (5 meters) of the bathhouse there was a log cabin of the neighbor Poryvaeva. Serapions in the contract indicated that at a distance of 10 meters from his cottage there are no buildings.
The insurer Serapionov believed that the insurance company had to independently inspect the house and bath, and if necessary, to make an examination. But he considered information about the log house of a neighbor’s bath to be irrelevant, since these logs at that place were piled up temporarily, were not affected by the fire, and Poryvaeva was going to build the bathhouse at another place.
Considering that from the moment of occurrence of the insured event, the insurance contract ceased to be in effect, the Serapions ceased to pay the regular insurance premiums and sued the court for the recovery of insurance compensation.
Analyze the arguments of the parties and decide the case.
Additional information
After payment you will be available a link to the solution of this problem in the file of MS Word. It should be noted that the problem solutions put up for sale were successfully handed over in the period 2003-2018 and could be outdated. However, the general algorithm will always remain true.
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