(1) General (non-life) insurance includes indemnity and other insurance. (2) The indemnity represents the amount to be paid by the insurer to the insured in order to compensate the loss suffered as a result of the occurrence of the insured event.
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Article 1856. Insurer’s recourse by subrogation into the rights towards the person liable for the loss
(1) The insurer which paid the insurance indemnity together with the mitigation costs if any, subrogates, to the extent of such amounts, in the right to seek indemnification from the third party liable for the loss unless the law or the contract provide otherwise. (2)…
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Article 1855. Termination after the Occurrence of an Insured Event
(1) A clause providing for termination for no cause of the insurance after an insured event has occurred is valid only if it grants the right to terminate to both parties and the policy is not one of personal insurance. (2) Both the clause entitling…
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Article 1854. Time of performance due by the insurer
(1) The insurer’s performance is due at the end of the activity of investigation and confirmation of the insured event and of the extent of its insurer’s obligation. When a claim has been accepted the insurer shall pay or provide the services promised under the…
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Article 1853. Review of the claim for indemnification
(1) The insurer shall take all reasonable steps to promptly review the claim to be indemnified based on an insured event. (2) The claim shall be deemed to have been accepted unless the insurer rejects it or postpones its review by written notice specifying the…
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Article 1852. Claims Cooperation
(1) The policyholder, insured or beneficiary, as appropriate, shall cooperate with the insurer in the investigation of the insured event by responding to reasonable requests, in particular for information about the causes and effects of the insured event, by furnishing documentary or other evidence of…
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Article 1851. Notice of insured event
(1) The occurrence of an insured event shall be notified to the insurer by the policyholder, the insured or the beneficiary, as appropriate, provided that the person obliged to give notice was or should have been aware of the existence of the insurance cover and…
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Article 1850. Declaration and effects of termination
(1) The insurer terminates the insurance by notice to the policy holder even if another person has the capacity of insured or beneficiary of the insurance. (2) In the case of termination of the insurance, the insurer is entitled only to the premium which is…
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Article 1849. Suspension of the insurance period and termination of the insurance
(1) The insurer shall not owe the insurance money or indemnity if the insured event occurred outside the insurance period or during the suspension of the insurance period, even if the case was identified at a date falling in the insurance period. (2) On expiry…
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Article 1848. Failure to pay the premium after the beginning of the insurance period
(1) A clause in the insurance contract, providing that the insurance period is suspended or insurer is otherwise relieved of its liability as long as a premium or a tranche of a premium is not paid after the insurance period started running, may be relied…