Summary: | Reinsuring the insurance object from the Insurance Company to the
Reinsurance Company are includes some parties. Reinsurance Broker performs
their duties that are acting for and on behalf of the insured as a consultant and
the advisor to the insured prior to and after enactment of the coverage. The
problem that often occurs is while the claim occured. The time the insurance
company claim to the reinsurer, and the reinsurer does not do the payment, how
did the reinsurance broker do their responsibilities. What insurance companies
able to do against brokers if Reinsurance Company did not pay claim.
The purpose of this research is to understand the extent of legal liability
of reinsurance broker in the closing of overseas reinsurance and to determine
legal liability of reinsurance broker while Reinsurance Company failed to pay
reinsurance claims. The data that used in this research are the primary data and
secondary data, by researching the principles of law, the methods of law, and
systematics of law, by researching library materials that is a secondary data. To
complete the existing facts, than the authors make field research in the form of
interviews.
The authors conclude from the results of research that the reinsurance brokers�
roles and responsibilities not only included elections and coverages, but also
related to the responsibility in the handling of claim. Reinsurance broker should
be looking for a good reinsurance company for its customers. In terms of
reinsurances� coverage claims occured, and the reinsurer failed to paid the claim,
and it is caused by the negligence of reinsurance broker in the selection of
appropriate reinsurance company, then the reinsurance broker shall be liable for
such negligence. How far the liability reinsurance broker is as far as the amount
or value of the insured by the insurer to the reinsurer through the reinsurance
broker. Moreover, those responsible would be followed by evidences explained
that the reinsurance broker did negligence and carelessness in the selection of
reinsurance companies.
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