The recommendations of the report on the reform of the consumer disclosure obligation and the current right of the insurer to reject responsibility for secrecy are linked. In insurance, the insurance policy is a (usually standard) contract between the insurer and the policyholder that sets out the fees that the insurer is legally required to pay. In exchange for a first payment, known as a premium, the insurer promises to pay for losses due to dangers covered under the insurance language. This means that the consumer cannot legally insist that you sell the goods, services or digital content if you decide not to do so (for example. B there may have been an error in the way you delivered it or included it in your website or brochure). 3. Recommendations on insurance guarantees (including « contractual basis » clauses) to protect consumers from unfair and unfair results This means, for example, that if a consumer wrongly « guarantees » that a certain type of burglar alarm has been installed (or that the states will be the « basis of the contract ») and the premises then burn down due to faulty electrical wiring, the insurer will probably have the right to do so. n refuse responsibility within the framework of the policy, although there is no link between the breach of the guarantee (absence of a burglary alarm) and the event that caused the damage (fire). If you offer the consumer an offer for a service, it is also an offer. This would mean that if a consumer`s secrecy, misrepresentation or other failings are innocent or based on negligence, insurers should not be able to dismiss any liability under the insurance contract, but should be required to make appropriate payments to the consumer. A lay-by agreement allows you to buy a product and pay for it in two or more installments before taking it home. It is important that you understand what the written agreement covers and how you or the company can terminate it. You have the right to terminate a potential contract; In other words, you don`t have to accept the consumer`s offer to purchase.
However, the Commission recommends that, in areas where a consumer`s secrecy, misrepresentation or any other infringement is fraudulent (i.e. if intentional or reckless), the insurer`s right to reject liability entirely should be maintained. There must be clear provisions in our laws that discourage fraudulent insurance claims. As a general rule, a person who is not a contracting party (a « third party ») does not have enforceable legal rights under the treaty, even if the contract is to be conferred on him. Subject to very limited exceptions, this general rule (the so-called « privilege » rule) applies to insurance contracts. . . .