PERTANGGUNGJAWABAN HUKUM BROKIR ASURANSI DALAM PERJANJIAN REASURANSI (STUDI KASUS: PUTUSAN PENINJAUAN KEMBALI MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR: 433/PK/PDT/2008)

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...

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Bibliographic Details
Main Authors: , Rico Daniel, , Hariyanto, SH, M.Kn.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2012
Subjects:
ETD
Description
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.