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24.07.2017
2246
Ukrainian insurance companies should not pay more under their policies than they indicate — more than the specified insurance limit. The Supreme Court made the corresponding decision, considering case No. 3-467гс17.
“The insurer is obliged to make a payment in the amount of the insurance limit — no more. This is an inviolable rule. It does not matter what we are talking about: payment to the victim or payment of recourse to another insurer (in the event that a client of another company is injured and the insurers are sorting out their relationship with each other — as in this lawsuit). If the amount of damage exceeds the limit, then the guilty party must pay it. In the case of a motor vehicle civil or casco, this party is usually the person at fault in the accident or the owner of the car,” explained Rostyslav Kravets, senior partner of the law firm Kravets and Partners.
The lawyer emphasized that the rule for applying limits to insurance payments has not changed.
“It is very strange that such an issue arose and that the case even reached the Supreme Court. It should have been resolved at a lower level, and very quickly. Since there are no obvious contradictions and this point is clearly spelled out in the current legislation. This may mean either low competence or the consequences of judicial reform, which led to an absurd interpretation of the legislation,” Kravets noted.
Source: Finance.ua
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