Article 16 of the Insurance Business Law 2022 stipulates the principles for concluding and executing insurance contracts as follows:
- The principle of absolute honesty: parties involved in an insurance contract must provide information and fulfill their rights and obligations with the utmost honesty, based on absolute trust in each other during the conclusion and execution of the insurance contract;
- The insurable interest principle: the policyholder must have an insurable interest appropriate to each type of insurance contract as stipulated by this Law;
- The indemnity principle: the compensation received by the insured should not exceed the actual loss in the insured event, unless otherwise agreed in the insurance contract;
- The subrogation principle: the insured is obliged to transfer to the insurer, a branch of a foreign non-life insurer, the right to seek recompense from a third party responsible for causing the loss, within the scope of the insurance compensation. This principle does not apply to life insurance contracts or health insurance contracts;
- The principle of fortuity: the risks covered by insurance must be unforeseen, unexpected risks.
Thus, the conclusion and execution of insurance contracts must comply with the basic principles of civil law and the principles mentioned above.
Below is a compilation of some judgments on insurance contract disputes:
No. | Name of the Judgment | Date of Issuance | Court |
---|---|---|---|
1 | Judgment 66/2024/KDTM-PT on insurance contract disputes | March 27, 2024 | People's Court of Hanoi City |
2 | Judgment 03/2024/KDTM-PT on insurance contract disputes | January 5, 2024 | People's Court of Hanoi City |
3 | Judgment 15/2023/KDTM-PT on insurance contract disputes | December 22, 2023 | People's Court of Ba Ria - Vung Tau Province |
4 | Judgment 11/2023/KDTM-PT on insurance contract disputes | December 20, 2023 | People's Court of Quang Ninh Province |
5 | Judgment 131/2023/KDTM-ST on insurance contract disputes | December 15, 2023 | People's Court of Dong Da District, Hanoi City |
6 | Judgment 244/2023/KDTM-PT on insurance contract disputes | November 17, 2023 | People's Court of Hanoi City |
7 | Judgment 175/2023/KDTM-PT on insurance contract disputes | August 10, 2023 | People's Court of Hanoi City |
8 | Judgment 09/2023/KDTM-PT on property insurance contract disputes | July 28, 2023 | People's Court of Tien Giang Province |
9 | Judgment 07/2023/KDTM-PT on insurance contract disputes | July 26, 2023 | People's Court of Phu Yen Province |
10 | Judgment 678/2023/KDTM-PT on demand for insurance refund | June 22, 2023 | People's Court of Hanoi City |
11 | Judgment 122/2023/KDTM-PT on insurance contract disputes | June 20, 2023 | People's Court of Hanoi City |
12 | Judgment 622/2023/KDTM-PT on insurance contract disputes | May 30, 2023 | People's Court of Ho Chi Minh City |
13 | Judgment 45/2023/KDTM-PT on insurance contract disputes | May 24, 2023 | High People's Court in Ho Chi Minh City |
14 | Judgment 02/2023/KDTM-PT on insurance contract disputes | April 20, 2023 | People's Court of Phu Yen Province |
15 | Judgment 411/2023/KDTM-PT on insurance contract disputes | April 6, 2023 | People's Court of Ho Chi Minh City |
16 | Judgment 06/2023/KDTM-PT on property insurance contract disputes | April 6, 2023 | People's Court of An Giang Province |
17 | Judgment 12/2023/KDTM-ST on insurance contract disputes | March 31, 2023 | People's Court of Ba Dinh District, Hanoi City |
18 | Judgment 05/2023/KDTM-PT on insurance contract disputes | March 20, 2023 | People's Court of An Giang Province |
19 | Judgment 02/2023/KDTM-PT on insurance contract disputes | March 15, 2023 | People's Court of Dak Lak Province |
20 | Judgment 02/2023/KDTM-PT on insurance contract disputes | February 27, 2023 | People's Court of Son Tinh District, Quang Ngai Province |
21 | Judgment 02/2023/KDTM-PT on insurance contract disputes | February 6, 2023 | People's Court of Province B |
22 | Judgment 13/2022/KDTM-PT on insurance contract disputes | November 28, 2022 | People's Court of Binh Dinh Province |
23 | Judgment 06/2022/KDTM-PT on insurance contract disputes | September 26, 2022 | People's Court of Ben Tre Province |
24 | Judgment 25/2022/KDTM-ST on insurance contract disputes | September 21, 2022 | People's Court of District 3, Ho Chi Minh City |
25 | Judgment 01/2022/KDTM-PT on insurance contract disputes | August 19, 2022 | People's Court of Phu Yen Province |
26 | Judgment 298/2022/KDTM-PT on insurance contract disputes | June 8, 2022 | People's Court of City H |
27 | Judgment 06/2022/KDTM-ST on insurance contract disputes | April 15, 2022 | People's Court of Binh Son District, Quang Ngai Province |
28 | Judgment 169/2022/KDTM-PT on insurance contract disputes | April 14, 2022 | People's Court of Ho Chi Minh City |
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