Other
Termination of the contract of insurance : [case review]
Veljko Vujović
; Zagreb, Hrvatska
Abstract
If the enacting clause of the first instance judgement states that the insurer is entitled to a certain amount of money due to the breach of contract by the insured, and within the reasons given for this judgement it is stated that the insurer has a right to this amount as an advance of insurance premium, there is contradiction between the enacting clause and the reasons of the judgement, which has to be declined in the new first instance proceedings.
If the insurer requires a certain amount of money on account of damages, the court should ascertain what benefit the insurer would have realized in the ordinary course of things, had the breach of contract not occured.
Keywords
case review; insurance; contract of insurance - termination; advance of insurance premium; account of damages;
Hrčak ID:
209737
URI
Publication date:
20.12.1991.
Visits: 533 *