OBAVEZE UGOVARAČA OSIGURANjA, ODNOSNO OSIGURANIKA IZ UGOVORA O OSIGURANjU

Abstract

An insurance contract is one of rare contracts in which the contracting parties have certain obligations even before they sign an insurance contract. Both the insurer and the insured have certain responsibilities before signing the contract, during the term of the contract and when the insured accident occurs. As for the responsibilities of the client, that is, the insured, besides the obligation to pay the insurance premium, his key responsibility is to inform the insurer on all the risks related to the insurance policy. The insurer will decide whether he will sign an insurance policy on the basis of the risk involved. The responsibility of the insurer to disclose all relevant information prior to signing the insurance contract is based on law, customs and court practice. Although this requirement is imposed on all the clients, there are certain differences depending on the types of insurance, particularly in the area of sanctions foreseen for not complying with it. Also, throughout the life of the policy, the insurer is required to act in line with good commercial practices treating the insured object with due attention and not being careless because of the fact the object is covered by the insurance policy. Client’s failure to comply with these legal requirements and the provisions of insurance contract may result in terminating certain obligations of the insurer agreed in the contract.