Insurance contract – damage compensation and recourse

On June 1 2018, Academy of Justice within its Continuous Training Program organized training on “Insurance contracts – damage compensation and recourse”.

Purpose of this training was to enhance the judge’s knowledge about insurance contracts in the Republic of Kosovo.

First part of this training elaborated on subject of the insurance law, insurance for auto-liability, TPL insurance police and ceilings of coverage, as well as claims for damage compensation. Whereas, in the second part it was continued about compensation of material and immaterial compensation by the insurance police, the right to rent and damage recourse. The law on Obligational relationships, in provisions of Article 136 until 193, has foreseen obligational non-contractual relationships, i.e. cause of damage and other issues that relate to it, particularly the two types of damage compensation – the material and immaterial damage compensation.

The training emphasized the fact the most frequent damage compensation claims result from the area of auto-reliability insurance, where the focus was on the insurance contracts for auto-liability and compensation of damages covered under the insurance coverage, as well as on the right to recourse of the compensated damage in cases when this may be required.

The training continued with the finding that in practice, courts receive a large number of cases claiming compensation of material and immaterial damages, particularly damages caused by road traffic accidents. The case law is relatively developed on this matter, but the large number of cases in courts of the Republic of Kosovo, the growing tendency of the number of these cases, has caused distinctions in the case law, respectively in relation to the criteria for setting the height (ceiling) of the compensation, especially the immaterial one.

During this training, participants together with trainers participated in fruitful and interactive discussions on queries and uncertainties that were raised, through analysis of legal provisions and ways how they should be correctly applied; also, the training used combined theoretical lecturing and provided study cases to discuss about the ways for meritory judgment for concrete cases.

Beneficiaries of this training were judges of basic courts from different regions of Kosovo.