Disputes between parties of the insurance market is always actual. With this article we offer to discuss the types and mechanisms how to adjudicate this kind of disputes.
Today, consideration of insurance disputes can be carried out in pre-trial and trial procedure.
In Ukraine, the court disputes in the insurance sector may be considered in state courts as well as in a special arbitration court.
With the support of the League of Insurance Organizations of Ukraine the specialized permanent arbitration court "Insurance" under the "Ukrainian Arbitration League" operates. Now the arbitration court "Insurance" examines three main categories of disputes:
First, when parties disagree on the amount of assessment of the insurance object. Such a situation happens, for example, when the first estimation of vehicle damage conducted by surveyor of the insurance company and another - vehicle repair station, which served a car.
The second category of disputes involves the refusal of the insurance company to pay benefits to insurer, regardless, is this a recourse payment or compensation.
The third category - the recourse claims in court if there are two insurance companies. The subject of the claim may be the amount of damage on the fact of an accident. In this case, will be very difficult to make it clear without providing trasological and autotehnichal expertise.
An interesting example is a regulation of the controversy recourse on green card. If there is an accident in Europe with a car that is insured by Ukrainian insurance company which operates under the Convention of the Motor Insurance Bureau, for the payment of Ukrainian insurance company based on the letter confirming the payment of a European company, which paid damages in a country where the accident occurred is enough.
"Memorandum on the regulation of recourse insurance companies of Ukraine," initiated by the law firm "Aries" is signed on 9th August 2001. Members of the insurance market of Ukraine has issued a proposal for signing a memorandum in which there is an attempt of pre-trial procedure to regulate the insurance company's claims of recourse of the insurance company of injured to the insurance company of guilty.
If you have any doubts about the assessment of damage, the guilty of the incident, etc., a permanent arbitration court "Insurance" operates in Ukraine on the basis of the Law "On arbitration courts". The professional arbitrators specializing in consideration of the insurance and financial disputes will assist to provide competent, legitimate and quickly deal with the situation. If you are sure you will have to pay recourse, pay it, but if you have any doubts that this could be fraud, check your assumptions with the help of a specialized arbitration courts. In this case, the arbitration court will make a shield that protects the insurance company from the fraud.
On the eve of adoption the Law of Ukraine "On the self-regulatory organizations," this example is a clear sign of self-regulating mechanisms actually implementating by the insurance and finance companies within the alternative dispute resolution.
Wish you success in business !
President of EACh