Осигурање од одговорности и кумулација права на накнаду штете и суму осигурања
Liability Insurance and Cumulation of the Right to the Compensation Damage and the Sum Insured

Author(s): Vladimir Čolović
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Insurer;Insured;Responsibility;Cumulation;Damage;Sum insured;Accident;Physician;
Summary/Abstract: Тhe claim for damages resulting from the obligatory relationship where one party is obliged to repair the damage caused to the other side, and the other party is authorized to require such repair. On the other side, insurance is the obligatory relationship in which the insurer undertakes to the contractor to pay the insured or beneficiary of the insurance, amount from the sum insured, if the adverse event occurs, i.e. the insured event, and the policyholder agrees to pay the insurance premium to the insurer. When we talk about the cumulation of the right to the compensation damage and the sum insured, we must distinguish between property insurance and life insurance. Property insurance prohibits the cumulation, because when the insurer pays for the damage, all the rights of the insured against a third party, which is responsible for damage, move on to the insurer. In life insurance, cumulation is allowed, since the „damage” on the person can not be adequately expressed in monetary equivalent. The paper analyzes the cumulation of this right in respect to liability insurance. When it comes to liability insurance, we are talking about protecting the insured from the damage caused to a third party to cause death, injury to body or health, and damage or destruction of things. There are different types of insurance in the liability insurance. The paper analyzes two types of insurance and their relation to cumulation. These insurances are: the insurance against the consequences of accidents and liability insurance of physicians and other health workers. These types of insurance could be viewed from the standpoint of property and from the standpoint of life insurance, depending on the type of compensation that is paid to the injured party. The fact is that in both types of insurance compensation can vary and in this area cumulation should be allowed, although these types of insurance fall within the scope of property insurance – insurance against the consequences of accidents partly, and the liability insurance of physicians and other health workers in full.

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