Volume 13, Issue 49 (Summer 2019)                   MLJ 2019, 13(49): 65-85 | Back to browse issues page

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Rosta Sekehravany M J, Tabaei M A, Amini M, Jamali J. Review of the Non-Liability of the Insurer in Insurance Contracts under the Responsibility of Doctors and Physicians. MLJ 2019; 13 (49) :65-85
URL: http://ijmedicallaw.ir/article-1-852-en.html
1- in Private Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
2- Islamic Azad University, Electronic Branch, Tehran, Iran. (Corresponding author)
3- Shahid Beheshti University, Tehran, Iran
4- Islamic Azad University, Electronic Branch, Tehran, Iran
Abstract:  
The concept and effect of the condition of non-responsibility as one of the examples of reduced liability is lesser interest in insurance and existing laws. The ambiguity of the conditions of these terms and the referral of the condition of these terms to the particular circumstances of the insurance policy is critically criticized by the extension of the insurance contract and the superior trading power of the insurance companies, which often leads to the loss of the doctors, paramedics and other losers. Not be generally, the terms of non-liability in the insurance contract are of two legal and contractual origins. However, with some legal bases, you can cancel the condition of non-responsibility of the contractor to the main obligation of the insurer, but this ambiguity continues with the insurer's subsidiary obligations. In some cases, franchising is an example of a non-liability condition, and in other cases, franchising is a condition of limitation of liability, which in both cases should be considered as such a condition. In general, the referral of the condition of non-compliance to the private situation has allowed the abusive agent to escape the burden of compensation. For this reason, a review of existing laws and regulations seems to be necessary from this perspective.

Please cite this article as: Roosta Sekehravany MJ, Tabaie MA, Amini M, Jamali J. Review of the Non-Liability of the Insurer in Insurance Contracts under the Responsibility of Doctors and Physicians. Iran J Med Law 2019; 13(49): 65-85.
 
Type of Study: Original Article |
Received: 2018/07/21 | Accepted: 2019/02/19

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