Insurance Law Protection
Preparation of suits and claims in court during insurance law disputes is carried out by our professional lawyers in the prescribed way by the legislation while protecting the interests of the parties.
The right to judicial protection against insurance offenses is exercised when the dispute between the parties is not settled through negotiations. Obviously, in many cases, the damaging party is trying to avoid fulfilling its obligations.
This can be seen in the background of non-payment of compensation, subrogation payments or other non-compliance of obligatory orders. It is of great importance for insurance offenders to wait for their claims, including whether or not they have submitted their documents in writing.
Failure to anticipate such procedural rules may result in your complaint being dismissed by the court as unjustified and your claim being dismissed. The law also states that disputes shall be settled by the competent authorities, including through the courts, if it is impossible to settle them through negotiations. Legal and physical persons are also legally responsible for upholding the requirements of the law.
What is insurance?
Definition of insurance is defined in the Law on Insurance Activities: “Insurance is a system of relationships based on the transfer and distribution of risks for the property, life, health, civil liability of the insured, as well as the protection of property interests and his/her lawful activities, including entrepreneurial activity to the insurer”.
Insurance is regulated by the Civil Code, the Insurance Act, the Compulsory Insurance Act, and other regulatory legal acts. Insurance activity is carried out by voluntary and compulsory forms of insurers.
Compulsory and voluntary insurance
Compulsory or voluntary insurance contracts may be concluded only by the insurer, who has the authority of the relevant executive power to carry out the appropriate type of insurance. Compulsory insurance is used to provide compensation for damage to the property of individuals and legal entities. The compulsory insurance agreement is concluded between the insurer and the insured for the provision of compulsory insurance.
Compulsory insurance is regulated by law, and voluntary insurance is governed by the conditions arising from the contract. The insurer is issued a corresponding compulsory insurance certificate. Insurers can operate in only one of the areas of life insurance or non-life insurance.
To conclude an insurance contract, the customer submits a written request to the insurer or expresses his/her intention to conclude the contract. The fact of concluding an insurance contract is confirmed by the insurance certificate issued to the customer with the addition of insurance rules.
If the insurance contract contains the name, address, location of the customer and the insured, insurance risks, insurance amount and procedure for payment, the validity of the contract, information about other participants of the insurance relationship (insured, beneficiary, requirements) insurance agents and brokers) should specify the procedure for changing and terminating the contract. Other conditions may be specified at the request of the parties.
Unless otherwise provided by the contract or the law, the insurance contract will come into force at 24:00 on the day when the insurer pays the first insurance premium and shall cease to have been fully paid for the insured event.
Insurance broker refers to a legal or physical entity that represents the customer in the insurance contract, and is neutral and independent in the selection of the insurer, and prepares for the conclusion of the insurance contract. A reinsurance broker is a broker acting as a mediator between a reinsurance company and a reinsurer.
Brokerage organizations must obtain special consent to operate in the Republic of Azerbaijan by the legislation and ensure their liability in the amount and accordance with the procedure established by the relevant executive authority.
According to the Insurance Law, brokers in the Republic of Azerbaijan may insure and reinsure their insurance risks abroad, with some exceptions only through insurers in the Republic of Azerbaijan.
In particular, the law states that persons convicted of property crimes, economic and administrative offenses cannot engage in broker activities. The rules of activities of brokers are defined by the relevant executive authority.
Provision of legal services in case of insurance offenses
Contact us during the insurance cases you are facing! We will provide you with legal assistance in the preparation of claims for these violations. Preparation of a lawsuit or insurance protection in court will be made by our professional lawyers during insurance legal relations. Protecting the rights, interests and wishes of our customers is a priority for us!