نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
When insurance companies are involved in compensation, it is essential to identify the ultimate responsible party and the manner to establish the liability (importance and necessity of the research) Here the question is that in such cases as where a carrier who has a commitment to safety (result) in delivering goods and, among other things, is responsible for the actions of the crew and the driver of the vehicle, if the insurance is of the property type, the carrier is insured and the insurer covers the damage incurred, under what conditions can the insurer refer to the driver who caused the accident to recover compensation. And can the explicit or implicit conditions of limitation of liability clause that exist in the relationship between the carrier and the driver be relied on in a recovery claim against the insurer or not? (Research issue). In this article, the author, by studying and criticizing the judgment rendered by the Second Branch of the Borujen Civil Court and by referring to the conditions of subrogation, the rules of civil liability and the law of claims, and by analyzing the case data (research method), has come to the conclusion that the insurer's succession from the injured party (in property insurance) is somewhat different from the insurer's succession on behalf of the carrier. And even if we consider the insured in Article 30 of the Insurance Act to mean the beneficiary of the insurance,and implicit or explicit limitation of liability clause or the carrier's failure to observe the real value of the goods regarding the insurer can be relied upon, by observing the conditions of subrogation, all the driver's defense tools against the carrier can also be raised against the claimant of the recovery lawsuit (the insurer in property insurance).
کلیدواژهها English
