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04-11-2015

Commercial disputes in the field of insurance

On 4 November 2015, the Kosovo Judicial Institute within CTP and in cooperation with USAID/CLE conducted training on: "Commercial disputes in the field of insurance."

The purpose of this training was to deepen the knowledge of judges on the legislation in force related to commercial disputes in the field of security, the role, functions and organization of insurances, types of insurance and the sources of law regarding insurance.

During this training were also addressed the elements of insurance contract followed by practical cases, furthermore were explained the insurance contract and consequences of failure to pay the premium, the insurance contract related under-insurance cases, over-insurance and double insurance and insurance contracts in the case of an incorrect notification on circumstances relevant to risk assessment, as well as liability insurance, recourses and regress from practical point of view.

In a special session were treated the responsibility for causing damage, penalty interest and statutory limitation of the insurance associated with cases from practice regarding implementation of the subjective, objective and solidary liability principle in relation to third parties, as well as enforcement of penalty interest with "lex specialis "and statutory limitation of requests on subrogation and regress.

Training methodology was composed theoretical explanation, interactive discussions, questions and answers. Also were given comments and examples from the case law, whereas training materials were to participants.

Beneficiaries of this training were judges of the Supreme Court, judges of the economic and administrative departments from Court of Appeal Court in Pristina and general departments (civil division) of Basic Court.

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