چکیده:
Insurance companies usually reinsure a portion of their obligations with other companies. In this case, the question is whether, in the event of a loss, the insured has the right to recourse to the reinsurer or not? The conventional answer to this question is that the reinsurer has no liability to the insured; the principle of relativity of contracts prevents the insured from recourse to the reinsurer. However, courts in various countries, especially the United States of America, have recognized the insured's recourse to the reinsurer based on various grounds; especially in the event of the ceding insurer's bankruptcy. The subject of this article is to examine the foundations of such recourse.
خلاصه ماشینی:
However, courts, especially in English law, have traditionally opposed this belief for two reasons: first, the insured's recourse to the reinsurer violates the principle of relativity of contracts, and second, this recourse violates the rules of bankruptcy and equality of creditors (198-1.
Due to the problems and obstacles that existed in the insured's recourse to the reinsurer, assuming reinsurance was indemnity insurance, in 1971 a court in the state of Louisiana ruled that in the event of the ceding insurer's bankruptcy, the nature of indemnity would turn into liability insurance (31.
The court not only recognized the claim against the holding insurer but also added that in the event of the ceding insurer's bankruptcy, reinsurance changes in nature from indemnity insurance to liability insurance, and therefore, on that basis, the injured person has the right to bring a direct claim not only against the liability insurer (the ceding insurer) but also against the reinsurer.
In a similar case in liability insurance, the laws and judicial precedents of most American states have allowed third-party injured persons to claim the right to bring a direct claim based on commitment to third parties.
Despite the direct recourse condition, the reinsurer will have no obligation to the injured party, as compensation for damages less than one million dollars is solely the responsibility of the ceding insurer.
5. Conversion of Obligation and Transfer of Debt Another type of direct recourse right condition considers the reinsurer as a substitute for the ceding insurer in compensating for damages.
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