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Insurance Contract Law

Original Language Title: Vakuutussopimuslaki

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Insurance contract law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1 (14 MAY 2010)
Scope

This law shall apply to insurance other than that of statutory insurance.

However, the law applies to the transport insurance law (279/1959) , patient-injury law (185/1986) And the Law on Environmental Insurance (1998) , unless otherwise specified in these laws.

This law does not apply to reinsurance.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Personal insurance An insurance subject to a natural person;

(2) Injury insurance A declaration that is taken to compensate for the loss of property, liability or other property damage;

(3) Insurer The granting of insurance;

(4) Policyholder The person who has concluded an insurance contract with the insurer; where the insurance claim is granted, the supplier shall be subject to the provisions of the policy of the policyholder;

(5) Insured person The person who is the subject of personal insurance or for which the non-life insurance is valid; and

(6) Group insurance Insurance, in which the insured person is or may be in an agreement on the admission of insurance ( Group insurance contract ) Members of that group.

Pension insurance shall be considered as life insurance for the purposes of this law.

Insurance payable to a group in which the premium is partly or wholly paid by the insured ( Group benefit insurance ), shall be considered as individual insurance for the purposes of this law. (14 MAY 2010)

Pension insurance taken by an employer to a group of workers whose supplementary pension is not covered by supplementary pension insurance (185/61) Of the Informal occupational pension insurance ), however, shall be considered as a group guarantee for the purposes of this law, even if the employer would inherit part of the premium from the employee.

Pension pension for employees. 295/1961 Has been repealed by L 396/2006 . See. Employee's pension L 395/2006 .

ARTICLE 3 (14 MAY 2010)
Mandatory of provisions

A contractual clause derogating from the provisions of this Act to the detriment of other insured persons or to the detriment of the insured person shall be null and void.

A contractual clause derogating from the provisions of this Act to the detriment of the policyholder shall be negligible for the consumer and any other natural or legal person, having regard to his business or other activities. The nature and extent and circumstances of the insurer in the same way as the consumer. The provisions of this paragraph shall not apply to group insurance.

Paragraphs 1 and 2 shall not apply to credit or guarantee insurance, to sea or other transport insurance taken by the trader or to any insurance taken by the trader to which the aircraft is subject.

§ 4 (14 MAY 2010)
Provisions applicable to group insurance

The provisions of Articles 1 to 4, 8, 8, 15, 18, 20, 20a, 22 to 37, 44, 46, 47 (3), 48-51, 55, 56, 59 to 61 and 67-82 are applicable to group insurance. Articles 1 to 4, 8 and 22 to 37, Article 47 (3), Articles 47 (3), 55, 59 to 61, 69-75, 81 and 82 shall apply to group insurance, which is valid only for the duration of a temporary, agreed site visit or a maximum of one month's participation. Provisions.

§ 4a (14 MAY 2010)
Provisions applicable to the capitalist arrangement

Investment insurance in which there is no insurance ( The capitalist agreement ), the provisions of Articles 1 to 3, 5, 6, 6a, 7-9, 12, 13, 13a, 51 and 52.

CHAPTER 2

Information on insurance

§ 5 (14 MAY 2010)
Information prior to termination of the contract

Before closing an insurance contract, the insurer shall provide the claimant with the necessary information to assess the insurance needs and the information necessary for the purpose of the declaration, such as information on its insurance policies, contributions and insurance conditions. When providing information, attention should also be paid to the essential limitations of insurance cover. In addition, attention shall be paid to the essential aspects of the selection of potential investees of insurance, taking into account, in particular, the prior location and investment objectives of the applicant.

The information does not need to be provided if the applicant does not wish to obtain information or give rise to undue difficulty.

In addition to the distance selling of insurance to the consumer, consumer protection law shall: (38/1978) in Chapter 6a The prior information referred to.

ARTICLE 6
Issue of certain documents

Following the termination of the insurance contract, the insurer shall, without undue delay, provide the policyholder with a document indicating the essential content of the contract ( Insurance book ), and the terms of reference. However, the distance selling of insurance to the consumer shall be: Article 11 (11) of the Consumer Protection Act Provides. (21.1.2005/30)

Where the insurer has the right to an agreed term of insurance ( Insurance period ) In order to change the insurance premium or other contract terms, this must be recorded in the insurance policy.

§ 6a (14 MAY 2010)
Information on grounds for refusal

If no insurance is granted to the consumer or to the consumer in accordance with Article 3 (2), the applicant shall state the grounds for refusal, unless it is based on the prevention and detection of money laundering and terrorist financing Law (503/2008), § 26 . The justification shall be given in writing. The rejection criterion shall be in accordance with the law and good assurance.

§ 7 (14 MAY 2010)
Information during the period of validity

The insurer shall send a notice to the policyholder on an annual basis, stating the amount of the insurance and other matters relating to insurance that are of obvious importance to the policy holder. In addition, the information mentioned in the annual report is provided for in Sections 26 and 27. After the event, the insurer shall provide the necessary information to the person who is entitled to demand from the insurer.

§ 8
Information on legal remedies

Any decision to issue an application for reimbursement shall be made clear, unless it is manifestly unnecessary in relation to the circumstances, whether and in what way the matter may be brought before the Court of Justice, the Board of Appeal or other To the body responsible.

§ 9
Liability for incomplete or incorrect information

Where the insurer or its representative has been marketed in the marketing of insurance to the policy holder without providing the necessary information on the insurance or giving him incorrect or misleading information, the insurance contract shall be deemed to be: In the light of the information received by the policyholder on the basis of the information received.

The provisions of paragraph 1 shall apply mutatis mutandis where, during the period of validity of the declaration, there are incomplete, incorrect or misleading information which may be considered to have affected the policyholder's proceedings. However, this does not apply to information provided by the insurer or its agent after the date of the accident.

§ 9a (14 MAY 2010)
Specifications and provisions

The decree of the Ministry of Justice may lay down more detailed provisions for the purposes of Article 183-185 of Directive 2009 /138/EC of the European Parliament and of the Council relating to the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) Reporting of information. (20/04/2013)

L to 13/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

The decree of the Ministry of Justice may provide for more detailed provisions on the notification of information listed in Annex III to Directive 2002/83/EC of the European Parliament and of the Council concerning life assurance.

Financial supervision may provide provisions for the calculation and reporting of savings and pension insurance.

CHAPTER 3

Validity of insurance and amendment of the contract

ARTICLE 10
Criteria for the granting of personal insurance

The insurer shall not reject an application for an insurance cover on the ground that the insured person's health status has occurred or the health status of the insured person has deteriorated after the application file has been issued or sent. The insurer. Where an insurance premium or other contract terms are determined on the basis of the state of health of the insured person, the basis of assessment shall be the state of health at the time when the application documents were submitted or sent to the insurer.

ARTICLE 11
Exposure start

The liability of the insurer shall start unless it has been individually agreed with the policy holder when the insurer or policy holder gives or sends an agreement to the other party's tender. (14 MAY 2010)

If the policy holder has submitted or sent an application in writing to the insurer and it is obvious that the insurer has accepted the application, the insurer shall also be responsible for the application of the application or of sending an application The insurance transaction.

The conditions of insurance may be imposed where, in the light of the quality of the insurance or other specific reason, the commencing of the insurer's liability is subject to the payment of the premium. In order to obtain an appeal, the insurer is required to make a statement on the amount of the premium. (14 MAY 2010)

An insurance claim or an acceptable answer given or sent by the policyholder to a representative of the insurer shall be deemed to have been given or sent to the insurer.

If there is no explanation at which time of day the answer or application has been given or sent, it shall be deemed to have occurred at 24.00.

ARTICLE 12 (21.1.2005/30)
The right of the insured person to dismiss the insurance

The insured person shall have the right at any time to terminate the insurance period during the insurance period. Denunciation shall be made in writing. The rest is negligible. If the policy holder has not ordered the end of the policy, the insurance shall cease when the notice of termination has been lodged or sent to the insurer. However, the right of notice shall not be granted if the agreed duration of the insurance contract is less than 30 days.

ARTICLE 13 (14 MAY 2010)
The right of the insured person to obtain a free book or a surrender value in the form of a personal guarantee

If the insurance premium paid by the policyholder has accumulated savings, the policyholder shall have the right to suspend payments and to receive a declaration corresponding to the insurance savings insurance ( The free book ) Or insurance contribution calculated on the basis of insurance conditions ( Repurchase value ).

When an insurance policy ends, the policyholder has the right to a repurchase value, even if the insurer is otherwise free of liability.

However, the conditions of pension insurance may stipulate that the policy holder does not have the right to a repurchase value provided for in paragraphs 1 or 2.

Article 13a (21.1.2005/30)
The right of the insured person to withdraw pension insurance or life insurance

The policyholder shall have the right to withdraw a pension insurance or a life insurance policy by informing the insurer in writing within 30 days of the date on which the policyholder has received an application for insurance or an offer Acceptance. However, the withdrawal period does not start to run before the policyholder has received the documents referred to in Article 6 or the distance selling of insurance. Chapter 6a of the Consumer Protection Act And the terms of the contract in a permanent manner.

The insurer shall, without delay and no later than 30 days after notification of the withdrawal, return the payments made by the policyholder on the basis of the insurance contract. However, if the contribution rate depends on the value of the investee chosen, the insurer may deduct the amount of the contributions to be repaid, which corresponds to the impairment of the investee's value at the date of arrival of the withdrawal. If any other explanation of the date of arrival of the notice of withdrawal may not be presented, the posted declaration shall be deemed to have been registered to the insurer on the seventh day on the day of its dispatch and by electronic means at the date of its dispatch: Were sent.

If the pension insurance or life insurance policy is accompanied by other insurance, the related insurance shall be cancelled when the policy holder returns the main policy. The insurer's right to claim a payment for the policy holder before the cancellation of the ancillary insurance is valid, as provided for in Article 45 (1).

The insurer shall have the right to make a deduction as referred to in paragraph 2 or to charge an insurance premium for the period of validity of the insurance referred to in paragraph 3 only if this has been notified in advance to the policy holder.

Article 13b (22.12.2009/1184)
The right of the insurer to transfer the repurchase value of the pension insurance

In the case of a denunciation of a pension insurance policy, the policyholder shall have the right to have a repurchase value transferred to another pension insurance or a long-term (19/03/2009) To a savings account. However, the conditions of insurance may stipulate that there is no right of transfer if the guarantee is not accompanied by a death reserve.

The notice of resignation shall indicate to which insurer or to the provider of the savings agreement the repurchase value is transferred. The insurer shall transfer the funds within 30 days of receipt of the notification. The insurer or service provider who received the funds shall promptly inform the policyholder of receipt of the funds. By way of derogation from Article 12, the redundant pension insurance shall cease when the funds have been transferred.

ARTICLE 14
Right to supplementary insurance for life assurance

If the life insurance has been closed down as a result of the repurchase, the policyholder shall be entitled, without explanation, of the health of the insured person to continue insurance against death ( Further insurance ) With modifications resulting from the purchase of the repurchase value.

In the case of repurchase, the insurer shall send a notification to the policyholder about the possibility of obtaining further insurance. If this is not the case, the liability of the insurer for a six-month period shall be the same as if the supplementary insurance had been applied for. However, if the insurer sends a notification during this period, the liability shall cease once the notification has been sent.

The application for continuous insurance shall be made within six months after the insurer has sent information on the right to be insured, but within one year of the payment of the repurchase value.

§ 15
The insurer's right to terminate non-life insurance during the insurance period

The insurer shall be entitled to terminate the non-life insurance period during the period of insurance if:

(1) the policyholder or the insured person has provided false or incomplete information prior to the granting of the insurance, and if the insurer in the right circumstances did not have the insurance;

(2) In the circumstances notified to the insurer or the insured insurer in the circumstances specified in the contract or in the insurance book, a significant change in the risk of damage occurred during the period of insurance; The insurer cannot be considered to have taken a decision on the contract;

(3) the insured person has deliberately or serious negligence failed to comply with the protection instruction;

(4) the insured person is committed intentionally or by serious negligence; or

(5) the insured person has fraudulently given the insurer false or incomplete information which is relevant to the assessment of the insurer's responsibility.

The insurer shall dismiss the declaration in writing without undue delay after having been informed of the grounds justifying the dismissal. The notice of termination shall state the grounds for dismissal. If the dismissal is not taken as provided for in this paragraph, the insurer loses its right of withdrawal, unless the policyholder has been fraudulently negligent in the case referred to in paragraph 1 (2), Reporting obligations. The declaration shall end one month after dispatch of the notice of termination. (14 MAY 2010)

As a result of the delay in the payment of the premium, the insurer's right to dismiss the insurance is provided for in Article 39.

ARTICLE 16 (14 MAY 2010)
Dismissal of non-life insurance

The terms of the insurance cover may stipulate that the insurer's liability shall continue at a time at a time, unless one of the parties to the agreement ( Continuous Accident insurance ).

The insurer has the right to terminate continuous non-life insurance at the end of the insurance period. The denunciation shall be a criterion for good insurance. The notice of termination shall be sent to the policyholder no later than one month before the end of the insurance period. The notification shall state the grounds for dismissal, unless it is based on Article 26 of the Law on the prevention and detection of money laundering and terrorist financing. If the dismissal is not taken as provided for in this paragraph, the termination shall be null and void.

The insurance policy holder's right to dismiss the insurance is provided for in Article 12.

§ 17 (14 MAY 2010)
The insurer's right to dismiss personal insurance

The insurer shall have the right to terminate personal insurance if:

(1) the policy holder or the insured person, prior to the granting of the insurance, provided the insurer with false or incomplete information intentionally or negligently, which cannot be considered to be minor, and the insurer in the right circumstances would not: Issued insurance;

(2) the policyholder or the insured person has acted fraudulently in his reporting obligations, but the insurer is bound by the insurer under Article 24 (3); or

(3) in relation to the insured person's liability for assessing the liability of the insurer, a change in the risk of damage referred to in Article 27 and the insurer would not have granted insurance if: The insured person would have had the same effect when the insurance was issued.

The insurer may also terminate the personal insurance policy if:

(1) the insured person has intentionally caused the event; or

(2) the insured person has fraudulently given the insurer false or incomplete information which is relevant to the assessment of the liability of the insurer.

The insurer shall dismiss the declaration in writing without undue delay after having been informed of the grounds justifying the dismissal. The notice of termination shall state the grounds for dismissal. If the dismissal is not taken as provided for in this paragraph, the insurer shall lose its right of withdrawal. The declaration shall end one month after the insurer has sent a notice of notice to the policyholder.

As a result of the delay in the payment of the premium, the insurer's right to dismiss the insurance is provided for in Article 39.

§ 17a (14 MAY 2010)
The insurer's right to terminate accident insurance and sickness insurance under the insurance funds

In the conditions of accident insurance and sickness insurance, the insurance premium has been agreed at regular intervals ( Period of insurance ), it may be stipulated that the insurer is entitled to terminate the insurance at the end of the insurance period. If the premium period is less than one year or has not been agreed, the insurer shall be entitled to terminate the insurance period only at the end of the calendar year.

The insurance shall not be made redundant as a result of the deterioration of the health status of the insured person and the fact that there has been an accident. The reason for the denunciation shall be in accordance with good assurance.

The notice of termination shall be sent to the policyholder no later than one month before the date of expiry of the declaration under paragraph 1. The notification shall state the grounds for dismissal. If the dismissal is not done as provided for in this section, the dismissal is null and void.

Article 17b (14 MAY 2010)
End of group insurance

In addition to what is provided for in the statement of assurance, the policy conditions of the group insurance policy may stipulate that the policy holder will also terminate the insurance as a result of the separation or dismissal. If the declaration is concluded for such a reason, the insurer shall inform the policyholder in writing of the date and time of expiry of the declaration. The declaration shall not end at the earliest one month after dispatch of the notification.

ARTICLE 18
Modification of the contractual terms of the accident insurance period during the insurance period

During the period of insurance, the insurer shall have the right to change the insurance premium or other conditions of the non-life insurance policy to the new circumstances only if:

(1) the policy holder or the insured person has failed to fulfil his reporting obligations under Article 22; or

(2) In the circumstances notified to the insurer or the insured insurer in the circumstances specified in the contract or in the insurance book, there has been a change within the meaning of Article 26 during the insurance period.

Upon receipt of the information referred to in paragraph 1, the insurer shall, without undue delay, send an indication of how and from which date the insurance premium or other contractual terms and conditions will change. The notification shall state that the policy holder is entitled to terminate the declaration. If the insurer does not send a notification as provided for in this paragraph, it shall lose the right to change the payment or the conditions, unless the policyholder or the insured person has acted fraudulently.

§ 19 (14 MAY 2010)
Modification of the contractual terms of the non-life insurance scheme in the event of an insurance period

The insurance conditions of the continuous injury insurance may provide that the insurer has the right to modify the insurance premium and other contractual conditions as specified in the insurance policy conditions. In addition, the insurer has the right to make minor changes to insurance funds that do not affect the essential content of the insurance contract.

In the case of an invoice for the premium, the insurer shall send a notice to the policyholder about the change in the premium or other contractual terms. The notification shall state that the policy holder is entitled to terminate the declaration. The amendment shall enter into force from the start of the period of insurance, which shall first be followed by a month after the insurer has sent a notification to the policyholder about the change in the terms of the contract.

§ 20 (14 MAY 2010)
Continuing of personal insurance under changed conditions

If the policy holder or the insured person is committed intentionally or negligently, which cannot be considered to be a minor, failed to fulfil its obligations under Article 22 and the insurer would be correct and complete when he obtained the insurance Only on the basis of a higher fee or other conditions than was agreed, the insurance shall continue on such charges and conditions. The same applies if the policyholder or the insured person has acted fraudulently and the insurance contract is nevertheless bound by the insurer pursuant to Article 24 (3).

Similarly, in the event of an insured person's responsibility for the assessment of the liability of the insurer, the change in the statement of the insurer's liability and the insurer would only have been granted by the insurer. Against a higher fee or otherwise under other conditions in the event of an insured person having had an equivalent effect when the insurance was issued.

Upon receipt of information on failure to provide information or a change in the insured person's claim, the insurer shall send to the policyholder without undue delay an indication of how and from which date the insurance premium or Other contractual conditions change. The notification shall state that the policy holder is entitled to terminate the declaration. If the insurer does not send a notification as provided for in this paragraph, it shall lose the right to change the payment or the conditions.

§ 20a (14 MAY 2010)
Amendment of the terms of contract of personal insurance

The insurance conditions for personal insurance may stipulate that the insurer has the right to modify the insurance premium and other contractual conditions as specified in the insurance policy conditions. However, an insurance premium or other contract terms may not be changed because of the deterioration in the health of the insured person, and not because of the accident.

An insurance premium or other contract terms may be changed only if there is a particular reason for such a change as a result of a general accident or change in interest rates, and the content of the insurance contract does not materially change to the original agreement Compared to.

In addition, the insurer has the right to make minor changes to the insurance policy, which have no effect on the essential content of the insurance contract.

In the event of any change in the provisions relating to a pension scheme, the insurer shall, notwithstanding the provisions of this Article, have the right to change the insurance premium or other contractual conditions in the form of free occupational pension insurance or other contractual conditions.

The insurer shall send a notice to the policyholder about changing the insurance premium or other contractual terms. The notification shall state that the policy holder is entitled to terminate the declaration. The amendment shall enter into force on the insurance period or, where the premium period is less than one year or is not agreed, from the beginning of the calendar year, which shall first be followed after one month after the insurer has sent: To the policyholder of a change in the terms of the contract under this paragraph.

ARTICLE 21
Reminder of the end of life insurance

Where life insurance has been in force for a longer period than one year, the insurer shall, not later than one month and no earlier than three months before the end of the period of validity of the insurance policy, send a reminder to the policyholder of the end of the insurance period. And any right to further insurance.

If the insurer fails to send a reminder in accordance with paragraph 1, the insurance shall continue to be valid in so far as it is valid for death. However, the declaration shall end one month after a late reminder has been sent to the policyholder and no later than six months after the date of expiry of the insurance period.

CHAPTER 4

Certain obligations of the policy holder and of the insurer and liability of the insurer

§ 22
Obligation of the insured person and the insured person

Before issuing an insurance policy, the insurer and the insured person shall provide the right and complete answers to questions raised by the insurer, which may be relevant to the assessment of the liability of the insurer. In addition, during the period of insurance, the insurer and the insured person shall, without undue delay, correct the information they have found to the insurer.

ARTICLE 23
Failure to provide information on non-life insurance

If the policy holder or the insured person has acted fraudulently in accordance with Article 22, the insurer is not bound by the insurance contract. The insurer has the right to keep the premiums paid, even if the insurance is insured.

If the policyholder or the insured person is committed intentionally or negligently, which cannot be considered to be a minor, it has failed to fulfil its obligations, the compensation may be reduced or refused.

§ 24
Failure to provide information on personal insurance

If the policy holder or the insured person has acted fraudulently in accordance with Article 22, the insurer is not bound by the insurance contract. The insurer has the right to keep the premiums paid, even if the insurance is insured.

The insurer is free of liability if the policy holder or the insured person is committed intentionally or negligently, which cannot be considered to be a minor, failed to fulfil his reporting obligations and the insurer would not have admitted any insurance at all. In the event that the correct and complete answers were given. However, if the insurer had granted insurance but only against a higher fee or otherwise under other conditions than was agreed, the liability of the insurer is limited to that which corresponds to the agreed premium or the conditions under which: Insurance would have been granted.

If the sanctions provided for in paragraphs 1 or 2 would lead to an unfairness of the policy holder or the insurance claim, they may be reconciled. (14 MAY 2010)

ARTICLE 25 (14 MAY 2010)

§ 25 has been repealed by L 14 MAY 2010 /426 .

§ 26 (14 MAY 2010)
Increase in risk in non-life insurance

The policy conditions of the non-life insurance policy may stipulate that the policy holder should inform the insurer of the insurance contract in the circumstances indicated in the notified circumstances or in the course of the insurance period in the course of the insurance period A substantial change in the risk of damage which the insurer cannot be considered to have taken into account when the contract was adopted. The insurer shall remind the policyholder of the notification requirement in the annual report referred to in Article 7.

The policy holder shall inform the insurer of the change referred to in paragraph 1 at the latest one month after the date of receipt of the change in the following year.

Where, intentionally or negligently, the policy holder fails to fulfil its obligations under paragraph 2, the compensation may be reduced or refused.

§ 27 (14 MAY 2010)
Increased risk for personal insurance

Where an insured person, such as occupation, hobby or place of residence, is relevant for the purposes of assessing the liability of the insurer, the insurance conditions may provide that the policyholder shall: Inform the insurer of any change in such circumstances. The changes in the health status are not considered to be a risk for the purposes of this Article and are not covered by the notification requirement. The insurer shall remind the policyholder of the notification requirement in the annual report referred to in Article 7.

The policy holder shall inform the insurer of the change referred to in paragraph 1 at the latest one month after the date of receipt of the change in the following year.

In accordance with Article 24 (2) and (3), where the policyholder, intentionally or negligently, which cannot be considered to be a minor, fails to comply with the obligations laid down in paragraph 2, shall apply accordingly.

ARTICLE 28
Convincing of an insurance transaction in person insurance

The insurer is free of charge if the insured person has been intentionally responsible for the event.

However, if the insured person commits suicide, the insurer is in charge of life insurance if it is more than a year since the start of the suicide.

If the insured person's accident insurance or health insurance has caused serious negligence on the part of the insurer, the liability of the insurer may be reduced accordingly, depending on the circumstances.

§ 29
Insurance against entitlement to insurance compensation for personal insurance

If the insured person who is entitled to an insurance claim than the insured person has been deliberately caused by the insured person, the insurer is free of charge over him.

If a person has caused an event of gross negligence or has been at such a age or state of mind that he could not have been convicted of a criminal offence, he may receive an insurance claim or part of it only if: It shall be considered reasonable, taking into account the circumstances in which the insurance event has been caused.

If the insured person is dead, that part of the contribution that is not paid to the person responsible for the event or to the causes of the accident shall be paid to the other eligible persons.

ARTICLE 30
Indemnity caused by accident insurance

The insurer is free from liability for an insured person who has deliberately caused the event.

If the insured person is responsible for gross negligence on the part of the insured person, he or she may be reduced or withdrawn.

In addition, the policy conditions of the accident insurance may stipulate that the insured person's future remuneration may be reduced or refused if his or her alcohol or drug use has affected the insured person. The insurance conditions for motor vehicle insurance may provide for the effect of the use of alcohol, drugs or any other narcotic substance in the insurance claim as provided for in Article 7 (4) and (5) of the Motor Insurance Act. (14 MAY 2010)

Insurance against liability for damages ( Liability insurance ) The insurer, in spite of the procedure referred to in paragraphs 2 or 3, is obliged to carry out the damage suffered by the injured party to a natural person who has not been insured by the injured party.

ARTICLE 31
Compliance with protection instructions for non-life insurance

The insurance contract may include provisions on a device, a procedure or any other arrangement intended to prevent or limit the occurrence of injury, or to the provision that a person using or caring for the object of the insurance Shall be eligible ( Protection instructions ).

The insured person should follow the protection instructions.

If the insured person is committed intentionally or negligently, which cannot be regarded as minor, the obligation laid down in paragraph 2 may be reduced or refused.

However, in the case of a liability insurance, the compensation may be reduced or the compensation refused on account of the negligence of the insured person only if the insured person has failed to fulfil his obligation of gross negligence or when the conditions of the insurance are so prescribed if his The use of alcohol or drugs has contributed to the neglect. Accordingly, the right to compensation for the injured natural person shall be in force, as provided for in Article 30 (4).

ARTICLE 32
Rescue obligation in non-life insurance

In the event of an accident or imminent threat of an accident, the insured person shall, according to his or her ability, take care to prevent or limit the damage. If the damage is caused by an outsider, the insured person must take the necessary steps to preserve the insurer's right to the cause of the damage. If possible, the insured person shall follow the instructions given by the insurer for that purpose.

If the insured person is committed intentionally or negligently, which cannot be regarded as minor, the obligation laid down in paragraph 1 may be reduced or refused.

However, in the case of a liability insurance, the compensation may be reduced or the compensation refused on account of the negligence of the insured person only if the insured person has failed to fulfil his obligation of gross negligence or when the conditions of the insurance are so prescribed if his The use of alcohol or drugs has contributed to the neglect. Accordingly, the right to compensation for the injured natural person shall be in force, as provided for in Article 30 (4).

§ 33
Non-life insurance coverage

In the case of an insurance transaction, compliance with the protection instructions or the obligation to save, the above provisions shall apply to the person:

1), with the consent of the insured person, is responsible for the vehicle, ship or aircraft which is the subject of the insurance;

(2) which owns and uses secured assets together with the insured person; or

3) who resides with the insured person in the common household and uses the insured assets together with him.

As regards the insured person's compliance with the protection instructions, the above applies to the person whose job it is to ensure compliance with the protection instructions.

§ 34 (14 MAY 2010)
Reduction or refusal of compensation in non-life insurance

In considering whether compensation for non-life insurance is to be reduced or refused on the basis of the provisions of this Chapter, consideration should be given to the importance of the fact that the information on the incorrect or incomplete information given by the policyholder or the insured person is relevant, or Any change in the risk of damage or the measure or omission of the insured person or person referred to in Article 33 has been the cause of the injury. Account shall also be taken of the intentional or negligent nature of the policy holder, the insured person or the person referred to in Article 33 and the circumstances otherwise.

If, due to the incorrect or incomplete information provided by the policy holder or by the insured person, the premium has been less than it would have been if the correct and complete information had been given, the compensation should be taken into account in the calculation of the agreed premium Relationship to an insurance premium which would have been collected on the basis of correct and complete information. However, a minor difference in premiums does not justify a reduction in the insurance contribution.

ARTICLE 35
Accessibility of incorrect data or increased risk

The insurer may not rely on non-disclosure if the insurer or the representative of the insurer concerned in the granting of the insurance knew or should have known that the information was incorrect or Incomplete. The provisions of this Regulation shall not apply where the policyholder or the insured person has been fraudulently, and the insurer or its representative has not known that the information was inaccurate or incomplete.

Furthermore, the insurer must not rely on the failure to provide information if the fact that the contract was not awarded was not relevant to the assessment of the liability of the insurer, or if the circumstance was not relevant. After that, it has lost its meaning.

In the case of life insurance, the insurer may rely on the non-disclosure of information only if death has occurred before five years have elapsed since the start of the liability or if, within the same period, the insurer has sent Article 17 (3) The notification referred to in Article 20 (3). The provisions of this paragraph shall not apply where the policyholder or the insured person has acted fraudulently. (14 MAY 2010)

The insurer must not rely on an increase in the risk if the changed relationship has been restored, or if the risk of reproduction is otherwise irrelevant.

§ 36
Indication and forced status

The insurer shall not be liable for the exemption, or in order to restrict it, in order to invoke the provisions of this Chapter if the insured person, in the event of a declaration of insurance or failure to comply with the protection instructions, or the obligation to save Years younger or in such a state of mind that he could not have been convicted of a criminal offence. The provisions of this Regulation shall not apply in the case referred to in Article 28 (2).

The insurer shall not terminate the accident insurance pursuant to Article 15 (1) (3) or (4) or, in order to restrict or restrict liability, to invoke the provisions of this Chapter, if the insured person, in the event of an increase in the risk, or An insurance transaction or a failure to comply with the protection instructions or the obligation to rescue a person or property to prevent damage to a person or property in circumstances such as to be defensible.

The provisions of this Article shall also apply to the person referred to in Article 33.

ARTICLE 37
Limitation of liability in some cases

In relation to the consequences of an illness or injury to be reimbursed, the insurance conditions may limit the liability of the insurer on the grounds that the illness or injury existed when the insurance was applied for, only if:

(1) the restriction is based on the state of health of the insured person prior to the granting of the insurer; or

(2) the restriction is due to the quality of the insurance or to any other specific circumstance.

Article 37a (13.6.2003/496)
Military risk for life insurance

In the contract relating to life assurance or supplementary insurance, the insurer may not rely on the terms of the contract under which the insurer is released from liability or is less liable when the insured person is resident in Finland or resident in Finland. The death or incapacity of a person is caused by an armed attack or war against Finland.

During the war, the insurer shall be entitled to charge an additional war fee for the insurance contracts covered by the increase in the risk provided for in this Article. The GOC shall determine the basis for the military surcharge.

CHAPTER 5

Insurance premium

ARTICLE 38 (14 MAY 2010)
Execution of the premium

The premium shall be paid within one month of the receipt by the insurer of the invoice for the premium for the policy holder. However, the first payment does not need to be made prior to the start of the liability of the insurer, unless the payment of the payment is a condition for the commencement of the liability of the insurer, nor any subsequent payments until the agreed insurance period Or the beginning of an insurance period. If the liability of the insurer begins later, the insurance premium for this part shall not be required before the start of the exposure.

If the policy holder does not have sufficient payment to cover all the claims paid by the same insurer, the policyholder shall have the right to order the amount of the premium to be reduced by his performance.

ARTICLE 39
Late insurance premium

If the policyholder has failed to pay the premium within the period laid down in Article 38, the insurer shall be entitled to terminate the declaration after 14 days after the announcement of the dismissal. However, in the event of non-payment of an insurance premium, the continuous non-life insurance referred to in Article 40 (1) shall not be terminated.

However, if the premium is paid by the policy holder before the end of the period of notice, the insurance shall not end after the period of notice. The insurer shall mention this possibility in the notice of termination. In the event of a declaration of personal insurance, the notice of dismissal shall also provide information on the right of the policyholder provided for in Article 43 to re-enter into the insurance.

If the default of the payment has been due to the policyholder's difficulties in the payment of the illness, unemployment or other particular circumstances, the insurance shall be terminated despite dismissal only after 14 days. The suspension of the obstacle. However, the declaration shall end no later than three months after the end of the period of notice provided for in paragraph 1. The notice of termination shall also include an indication of the possibility of a temporary extension of the insurance under this paragraph.

If the notice of dismissal is absent from any of the information provided for in paragraphs 2 or 3, the termination shall be null and void.

ARTICLE 40
Continued liability and enforcement of the insurance premium in continuous non-life insurance

Where it is stipulated in the policy conditions for continuous non-life insurance that the liability of the insurer shall not cease before the end of the insurance period even if the premium for the insurance period has not been paid during the time period, the insurer may collect the premium With interest on late payments, with no judgment or decision in accordance with the law on the implementation of taxes and charges (20/2007) Shall be provided provided that the insurer has made this mark on the invoice for the premium. (14 MAY 2010)

Before taking enforcement measures, the insurer shall inform the policy holder pursuant to paragraph 1 of the fee and the basis for payment, and the fact that the implementing measures are taken, unless the policyholder within 14 days Of sending a notification in writing of its payment obligation. If the obligation to pay is denied, enforcement is a prerequisite for the Court's ruling.

The liability of the insurer shall cease at the end of the period of insurance referred to in paragraph 1, unless the premium has been recovered in full.

ARTICLE 41 (14 MAY 2010)
Continuing of group privileges

If, in the case of a policy holder, the group benefit insurance is terminated due to the resignation or dismissal of the group in accordance with Article 17b, the policy shall be deemed to be valid for a policy holder for which the insurer is: Accepted.

ARTICLE 42 (14 MAY 2010)
Execution of delayed non-life insurance

If, in the case referred to in Article 11 (3) or in the case referred to in Article 39, the policy holder performs an insurance premium in the case referred to in Article 11 (3) or after the end of the insurance policy, the liability of the insurer shall start to: Of the following day. The insurance shall then be valid until the end of the insurance period initially agreed, including the re-entry into force of the declaration.

However, the provisions of paragraph 1 shall not apply where the insurer, within 14 days of the payment of the premium, informs the policyholder that he refuses to accept payment. The payment shall not be refused on account of the fact that the event has occurred after payment of the payment.

ARTICLE 43
Entry into force of the terminated personal insurance

A personal insurance policy that has been terminated due to non-payment of the first premium shall be renewed if the policy holder pays the premium without payment within six months of the end of the insurance policy.

Personal insurance, which, for reasons other than the delay in payment, has been converted into a free book, shall enter into force in its earlier scope if, within six months of the date of the request for a free book, the policyholder was The insurer, pays the fee that would have been paid if the insurance had not been changed.

If the insurance comes into effect, the liability of the insurer shall start from the day following the payment.

ARTICLE 44 (18.1.2013/33)
Payment to the bank

If the policy holder is the consumer, the insurance premium paid to the insurer via the bank or other payment service provider is deemed to have been paid on the day on which it was charged to the payer's account or paid in cash by the payment service provider To the site.

ARTICLE 45
Insurance premium after the insurance period

Where non-life insurance or personal insurance where the policy holder is not entitled to a repurchase value within the meaning of Article 13 (1) ends earlier than the agreed date, the insurer is entitled only to the insurance premium For the period of its liability, subject to Article 23 (1) or Article 24 (1). The rest of the insurance premium already paid shall be returned to the policyholder. The insurance conditions shall provide for the calculation of the contribution to be made. However, the conditions of pension insurance may stipulate that the payment shall not be reimbursed.

If a refund is less than EUR 8, it does not need to be reimbursed separately. The amount of money may be revised by the State Council Regulation in line with the change in value. (9.11.2001/968)

ARTICLE 46
Ageing of insurance premiums

The insurer loses his entitlement to an insurance premium if it has not legally applied for it within three years of the payment of the premium.

CHAPTER 6

Edition order for personal insurance and for the transfer and deposit of the right to life insurance

§ 47 (14 MAY 2010)
Beneficiary

The policyholder has the right to order a person who is entitled, instead of a policyholder or insured person, to an insurance claim for personal insurance ( The beneficiary ). The number of beneficiaries may be changed or withdrawn by the insurer if the insurance transaction where the provision is intended to be applied has not occurred. In the case of pension insurance, the rights referred to in this section of the policyholder may be limited.

The insured person may give a written undertaking to the beneficiary or the insured person on the maintenance of the order ( Irreversible The amount of the beneficiary; ). The amount of the benefit shall not be changed or cancelled without the consent of the undertaking to which the undertaking is given.

If the amount of the beneficiary is in force, the insurance contribution to be paid as a result of the death of the insured person is not covered by the insured person's estate. Insurance compensation is covered by the insured person's estate where there is no amount of benefit and no reimbursement is provided to the policyholder under the insurance conditions.

Where the life insurance policy is insured, other than the policyholder, or if the insurance is otherwise taken under such conditions that the period of payment of the premium is not dependent on the policy of the policyholder, and the policy holder dies before: The insurance claim shall be paid, the right of the policyholder shall pass to the beneficiary if the beneficiary is appointed.

ARTICLE 48
Form of the beneficiary order

The amount of the benefit or the cancellation or modification thereof shall be null and void unless it has been notified in writing to the insurer.

ARTICLE 49
The lapse of the quantity of the benefit of the beneficiary

The amount of the benefit shall lapse if the beneficiary is killed prior to the event in which the provision is intended to be applied. Where there are several named beneficiaries, the order shall remain in force for the other. In this case, the insurance contribution shall be paid to the surviving beneficiaries, including in so far as it should have been carried out in the past to the deceased beneficiary, unless otherwise specified by the policyholder.

If the policyholder is dead, but his apparent purpose is that the surviving beneficiary receives only a portion of the compensation, the contribution of the deceased beneficiary to the estate of the policyholder shall be made.

Paragraph 3 has been repealed by L 14 MAY 2010 /426 .

§ 50
Interpretation of the date of application

If the beneficiary is not designated by the name of the person mentioned, and if there is no other consequence of the order or circumstances, the provisions of this Article shall be complied with.

If a policyholder has been assigned Spouse , the provision is valid for the benefit of the marriage of the policyholder when he died. However, this does not apply if the spouses' divorce case was pending at the time of the policyholder's death, or if the spouses were sentenced to a legal separation, which had not expired when the policyholder died.

Where a policyholder has been assigned Children , the order shall be valid for the succession (40/50) , for the benefit of the brisers of the policyholder. The premium shall be distributed among the claimants, as provided for in the succession as provided for in their right to inheritance.

Where a policyholder has been assigned Spouse and children , the order shall be valid for the benefit of the children referred to in paragraph 2. In the absence of a spouse, the claimant shall receive an insurance claim alone. If you do not have a breast parent, the spouse alone receives an insurance claim. If the insurance contribution is to be distributed between the spouse and the claimant, the spouse and the claimant shall both be entitled to half of the premium.

Where a policyholder has been assigned Relatives , the order shall be valid for the benefit of the heirs referred to in paragraph 2 for the heirs referred to in paragraph 2. However, if there is no such person, the spouse alone receives an insurance claim. In the absence of a spouse, the heirs alone receive an insurance claim. The amount of the premium to be paid to the family shall be as provided for in the succession as provided for in the law of succession.

The provisions of paragraphs 2 to 5 shall apply to the policyholder, if this is a different person than the policyholder.

ARTICLE 51
Disposal and deposit of life insurance law

The insured person shall have the right to surrender and pledge his/her life insurance. However, the disclosure and enforcement of pension insurance rights may be limited in the terms of the insurance conditions. There shall be no pledge of entitlement to group life insurance. Extradition or pledge shall not be binding on the creditor's creditors unless it has been notified in writing to the insurer. In the event of an irrevocable amount of the beneficiary, the policy holder shall not release or deposit an insurance without the consent of the beneficiary of the commitment. (14 MAY 2010)

Where the right to life insurance has been acquired, or where the amount of the amount of the beneficiary is irrevocable, the consent of the holder of the holder or of the beneficiary of the commitment to the beneficiary shall be obtained, and I quote: The insurer grants a policy to the policyholder ( The insurance register ) and other measures to reduce the right of the holder of the lien or the beneficiary.

If the right to life insurance has been transferred or pledged to a number of persons, and these rights are not compatible with each other, there is an earlier transfer and deposit before a later date. However, if a subsequent release or pledge has been notified to the insurer before he has been informed of the previous transfer or pledge and the person whose right is the question has been in good faith, it shall be later The transfer and pledge in force prior to the earlier date. The provisions of this Regulation shall apply mutatis mutandis to the irrevocable amount of the beneficiary.

ARTICLE 52
Right of the holder of the right

The person to whom the right to life insurance is entitled is entitled to receive the corresponding proportion of the premium to be paid, even if the claim is not due. If the holder of the lien is due to be paid before the insurance claim is paid, the holder of the lien shall be entitled to use the insurance claim as payment. However, it is required that the claim first has been required from a policyholder who has not carried out the claim within two months of the date of submission of the claim.

The condition that the holder of the lien is entitled to a declaration of insurance better than the right provided for in paragraph 1 is invalid.

ARTICLE 53 (14 MAY 2010)
Notifications to the holder of the lien and the beneficiary of the commitment

Articles 17, 20, 21 and 39 provide for an insurer's obligation to inform the policy holder of the cessation or reduction of the liability of the insurer, including the person to whom the right to life insurance has been pledged or Has been given a commitment to maintain the benefit of the beneficiary, provided that the insurer has been informed of the pledge or the amount of the beneficiary. If the insurer fails to submit the notification, it cannot rely on the holder or the beneficiary to claim that the insurance has ceased or that the liability has been reduced.

CHAPTER 7

Exit measurement and recovery in bankruptcy

ARTICLE 54 (14 MAY 2010)
Output in life insurance

In the case of a life insurance policy, where the policyholder or his/her spouse, one of them is covered by the insurance contract, the right of either of them shall not be foreclosed on either of the debts if:

(1) at least five years after the date of delivery of the insurance, the insurance premiums have been agreed for at least 10 years, and no more than one fifth of the insurance premiums have been paid in the same year. The sum of the amount which would have been payable if the payments were to be distributed evenly over a period of 10 years; the increase in the charge resulting from the adjustment of the cost evolution index is not taken into account; or

2) insurance is valid only for death, and no more than double the annual premium has not been paid in any year.

The provisions of paragraph 1 shall not apply in the case of delivery of the foreclosed maintenance to be paid to the spouse or child.

ARTICLE 55
Output in accident insurance and sickness insurance

The reimbursement of costs incurred under the accident insurance or sickness insurance scheme shall not be measured.

ARTICLE 56
Access to bankruptcy in the form of personal insurance

If the policyholder is subject to bankruptcy and a policyholder is found later than three years before the bankruptcy law (758/91) Article 2 The amount of the insurance premiums written by the person who used the prescribed date, which, when they were carried out, were not in a reasonable relationship with his or her conditions and assets, has the right to reclaim the insurer's right to return, What is thus too much done if the insurer is sufficient to obtain insurance from the insurer. If the policyholder has not given his consent, the bankruptcy shall, at the risk of loss of speech, be obliged to file a claim against the policyholder. The provisions of Article 23 (1) and Article 24 of the Law on the Law of bankruptcy are in force on such a case.

The provisions of paragraph 1 shall apply even if the policyholder has given an irrevocable amount of benefit.

CHAPTER 8

Insurance compensation for non-life insurance

ARTICLE 57
Life insurance

The property or benefit is over-insured if the amount of the insurance indicated in the insurance contract is significantly higher than the actual value of the insured person's assets or benefits.

The insurer shall not be required to reimburse more than the amount required to cover the damage to the excess insured or the benefit of the benefit. However, where the amount of the insurance is substantially based on an estimate made by the insurer or its representative, the compensation must be paid in accordance with the amount of the insurance, except when the incorrect or incomplete information provided by the policyholder was Contributed to the assessment.

ARTICLE 58
Underinsurance

The property or benefit is underinsured, provided that the amount of the insurance indicated in the insurance contract is significantly lower than the actual value of the insured person's assets or benefits.

The insurance conditions may stipulate that the insurer is required to reimburse only a portion of the injury to the underinsured person or the benefit of the benefit, other than the amount of the insurance and the value of the assets or benefits. The relationship shows. However, if the amount of the insurance is substantially based on an estimate made by the insurer or its representative, the compensation must be paid in the amount of the damage, but not more than the amount of the insurance.

ARTICLE 59
Multi-insurance

If several insurers have admitted to the same benefit in the event of the same injury, each of them shall be liable to the insured person as if they were alone in the insurance. However, if the insurance cover is overinsured, the insured person does not have the right to reimbursement of a total of more than the amount of the damage, subject to the provisions of Article 57 (2).

ARTICLE 60
Allocation of the mutual responsibility of insurance agents in multi-insurance

Where several insurers are liable for the same injury and the different amounts involved exceed the insured person's remuneration, the exposure shall be shared between insurers in proportion to the amounts of the exposure.

ARTICLE 61
Replacement of rescue costs

The insurer shall be obliged to reimburse the reasonable costs incurred in fulfilling the rescue obligation referred to in Article 32, even if the amount of insurance may be exceeded.

CHAPTER 9

Third person's right to non-life insurance

§ 62
Persons benefiting from a property insurance policy

Unless otherwise agreed, the property insurance policy shall be valid for the holder, the holder of the lien and the holder of the right of arrest, and the holder of the right of arrest, as well as to the holder of the property risk liability.

ARTICLE 63
Ownership change

However, where the insurance contract or the dismissal of the insured person ceases to be terminated as a result of the transfer of the insured person's assets to the new owner, the new owner shall be entitled to reimbursement of the insurance transaction which: Occurs within 14 days of the transfer of ownership, unless he has taken possession of the property himself.

ARTICLE 64 (14 MAY 2010)
Notification of the end or reduction of liability of the insurer

The insurer shall be required to inform the insured person referred to in Article 62 of the contract or measure of a contract or measure in respect of a contract or measure whose right to a contract or measure is substantially reduced. The liability of the insurer terminates or the contract or measure enters into force on the insured person referred to in Article 62, at the earliest 14 days after the notification has been sent to him.

ARTICLE 65
Status of insured person after the event of the accident

The insurer may rely on the indemnity of the insured person or of another insured person, as referred to in Article 62, in order to reduce or deny the remuneration referred to in Article 62, only if: The insured person knew or should have known about the policy holder or the other insured person.

Each insured person shall have the right to compensation for the event. However, the insured person shall be entitled to negotiate with the insurer and to raise the compensation, unless the insured person is listed by the contract or has informed himself that he or she is exercising his or her or her or her or her or her or her or her rights. The right of the holder to pay for compensation.

ARTICLE 66
Privileged payment of compensation

Where the property insurance is valid for the benefit of a person who has a claim as collateral to the property, even if the claim is not due, the right before the owner is to receive payment of the compensation, unless the owner is reasonable Time rectified the injury or set a guarantee to correct it. The provisions of this Regulation shall apply mutatis mutandis to the benefit of a person entitled to retain the property as collateral.

The owner has the right to receive payment of the compensation before the property of the owner of the property.

The right of the mortgage holder to receive payment of the payment shall be regulated separately.

§ 67
The right to compensation in the event of liability insurance

In the case of liability insurance, the injured party shall have the right to claim compensation in accordance with the insurance contract directly from the insurer if:

(1) the inclusion of insurance is based on the law or order of the authority;

(2) the insured person is declared bankrupt or is otherwise insolvent; or

(3) the declaration of liability is indicated in the marketing of the insured person's business.

If a claim is made to the insurer, the insurer shall inform the insured person of this without undue delay and shall provide him with an opportunity to provide an explanation of the event. The insured person shall also be informed of the subsequent handling of the case.

If the insurer accepts the injury suffered by the injured party, the declaration is not binding.

ARTICLE 68
Application for a correction to the decision on liability insurance

The insurer shall send a decision on the compensation requested under the liability insurance to the injured party. The injured party shall have the right to bring an action against the insurer in the event of a decision on compensation or to refer the matter to the Board of Appeal or other similar body, if the case is otherwise covered by that body.

Where an action for damages referred to in paragraph 1 or Article 67 is dealt with by a court or tribunal, the insured person concerned shall be given an opportunity to be heard.

CHAPTER 10

Compensation procedure

ARTICLE 69
The obligation for the claimant to provide explanations

The claimant shall provide the insurer with the documents and particulars necessary to clarify the liability of the insurer and may reasonably be required, taking account also of the insurer's ability to acquire Report.

ARTICLE 70
Payment of compensation

The insurer shall pay compensation in accordance with the insurance contract resulting from the insurance transaction, or declare that there is no remuneration, and no later than one month after receipt of the documents referred to in Article 69, and Information.

If the total amount of compensation exceeds the sum of eur 1 000, the insurer shall declare an insurance compensation payable to a disabled person, if the total amount of the compensation exceeds eur 1 000, Compensation for loss of costs or assets caused by the event. (14 MAY 2010)

Reimbursable compensation must be paid in the interest (263/82) The interest rate on late payments.

However, if the amount of the compensation is not undisputed, the insurer shall, within the period referred to in paragraph 1, carry out an uncontested part of the compensation.

ARTICLE 71
Payment to the wrong person

However, where an insurer carries out an insurance claim or a repurchase value for a person other than those who are entitled to an insurance or repurchase value, the insurer has fulfilled its obligations if it is paid for: The diligence required by the circumstances.

ARTICLE 72 (14 MAY 2010)
False information after the incident occurred

If, following an insurance transaction, the applicant has fraudulently given the insurer false or incomplete information which is relevant to the assessment of the liability of the insurer, his compensation may be reduced or refused According to the circumstances, it is reasonable.

ARTICLE 73 (14 MAY 2010)
Date and limitation of presentation of the claim

The claim for compensation based on an insurance contract shall be submitted to the insurer within one year after the claimant has been informed of the validity of the accident, the accident or damage caused by the insurance transaction and the insurance transaction. In any event, the claim for compensation must be submitted within 10 years of the event or, if the insurance has been taken in the event of personal injury or liability, the consequences of the accident. The lodging of a claim shall be treated as a declaration of a declaration of insurance.

If the claim is not submitted within the period provided for in paragraph 1, the claimant shall lose his entitlement to compensation.

ARTICLE 74 (14 MAY 2010)
Periochtime

As a consequence of the decision on compensation by the insurer, or of any other decision affecting the insured person, the insured person or any other person who is entitled to an insurance claim, it shall be raised within three years at the risk of loss of entitlement. Where the party concerned has received written information on the decision of the insurer and the time limit. The suspension of the limitation period following the initiation of proceedings by the Consumer Committee, the Insurance Board or another relevant body of consumer disputes shall be governed by the law on the limitation of debt (728/2003) .

ARTICLE 75
The right of recourse to the insurer

The right of the insured person to claim the amount of compensation paid by the insurer to a third person shall be transferred to the insurer only if the third person has been responsible for the intentional or serious negligence or Under the law, they are obliged to pay compensation irrespective of their negligence. Restrictions on the right of recourse to the insurer in certain insurance policies Article 13a of the Product Liability Act .

In the case of personal insurance, the insurer must not, under the right of recourse, require a third person other than the cost of sickness or accident and the loss of assets.

The provisions of the insurance policy shall not derogate from the provisions of paragraphs 1 and 2 to the detriment of a third person if the third person is a private person or an employee, official or (412/1974), Chapter 3, Article 1 The same person as other persons. However, in the case of motor vehicle insurance, the right of recourse may be imposed as provided for in Article 20 of the Motor Insurance Act. (14 MAY 2010)

The insurer may require the insured person, the insured person, the insured person or the part of the insured person referred to in Article 62, to return to the insured person referred to in Article 62, who has caused an insurance transaction or Failed to comply with the obligation laid down in Chapter 4. Under the right of recourse, the insurer shall, under the right of recourse, claim full compensation if the insurer is free or entitled to refuse compensation under the provisions laid down in Chapter 4. If the compensation was reduced on the basis of the provisions laid down in Chapter 4, the insurer may be required to repay the corresponding part of the rebate.

CHAPTER 11

Group insurance

ARTICLE 76
Information on group insurance

If the group insurance contract has agreed that the insurer keeps a list of insured persons covered by group insurance, the insurer shall, after the entry into force of the group insurance, be sent to the insured person at reasonable intervals thereafter. Information on the scope of the insurance cover, the essential restrictions on insurance cover, the obligations of the insurer under the insurance contract and the manner in which the insurance is in place in the group insurance contract; Of that group. In the absence of a list of insured persons, the above information shall be given in accordance with the circumstances of the insured person.

If the insurer or its agent has failed to provide the insured person with the necessary information or has provided him with incorrect or misleading information, the declaration shall be deemed to be valid for the benefit of the insured person. In the light of the information he had received on the basis of the information he had received. However, this does not apply to information provided by the insurer or its agent after the date of the accident.

Information on legal remedies shall be valid, as provided for in Article 8.

ARTICLE 77
Issue of information on termination of group insurance

If the group insurance is terminated as a result of the measures taken by the insurer or the group insurance taker, the insurer keeping the list referred to in Article 76 (1) shall send the declaration to the insured persons. In the absence of a list of insured persons, the insurer shall inform the insured person of the end of the insurance period in the light of the circumstances. As regards the insured person, the insurance shall end one month after the lodging of the declaration by the insurer or the termination of the insurance.

ARTICLE 78
Notified declarations

If the insurer and the group insurer have agreed that the insured person must submit a declaration of insurance to the group policy holder, and the insured person has thereby acted, the insurer must not rely on the fact that it has not received the notification. However, this does not apply if the insured person had reasonable grounds to assume that the notification to the insurer was not submitted.

ARTICLE 79
Eligibility of the insurance premium for group life insurance

The insurer may charge an insurance premium for a group life insurance which the employer is obliged to take under a collective agreement ( Employed persons Group life insurance ), with interest on late payments, without a judgment or decision, as laid down in the Law on the implementation of taxes and charges. (14 MAY 2010)

Before taking enforcement measures, the insurer shall inform the policy holder pursuant to paragraph 1 of the fee and the basis for payment, and the fact that the implementing measures are taken, unless the policyholder within 14 days Of sending a notification in writing of its payment obligation. If the obligation to pay is denied, enforcement is a prerequisite for the Court's ruling.

ARTICLE 80
Right to further insurance after the end of group life insurance

If the group insurance contract for life insurance ceases or if the insured person resigs or is compulsorily retired from the group of persons mentioned in the group insurance contract for a reason other than his age, the insured person shall have the right, regardless of his or her state of health, to: Further insurance on the payment of individual insurance. However, the conditions of insurance may stipulate that the insured person is not entitled to further insurance if he or she receives or can obtain equivalent insurance cover from another group insurance.

If the insured person wishes to exercise his/her right to further insurance, he or she shall inform the insurer within six months of the cessation of the liability of the insurer. The liability of the insurer shall start from the day following the day following the receipt by the insurer of the insured person's declaration that he wished for further insurance.

The insured person's right to further insurance shall also be mentioned in the declaration referred to in Article 77.

What is laid down in this article does not apply to the group life insurance of employees.

CHAPTER 12

Entry provisions

§ 81

This Act shall enter into force on 1 July 1995.

This law repeals the insurance contract law of 12 May 1933 (132/33) With its subsequent modifications.

ARTICLE 82

This law shall apply:

(1) insurance for which the contract has been concluded or the liability of the insurer has commenced after the entry into force of the law;

(2) non-life insurance, which, as provided for in Article 16 (1), is maintained by insurance periods at a time, from the beginning of the period of insurance mainly from the beginning of the following period; and

(3) personal insurance, whose fees or conditions may be amended in accordance with Article 20, the date of entry into force of the law, mainly for the following period of insurance or, where the insurance period has not been agreed, from the beginning of the calendar year.

Articles 1 to 4, 7, 8, 21, 24, 25 and 27 of the Act, Article 35 (1), (2) and (4) and Articles 38 to 49 and 69 to 75 are applicable to other insurance, for which the contract has been concluded or which began before the entry into force of this Act.

THEY 114/93 , TaVM 17/94

Entry into force and application of amending acts:

30.1.1998/82:

This Act shall enter into force on 1 January 1999.

THEY 82/1997 , YmVM 11/1997, EV 155/1997

29.1.1999/93:

This Act shall enter into force on 1 April 1999.

THEY 163/1998 , TaVM 29/1998, EV 202/1998

9.11.2001/968:

This Act shall enter into force on 1 January 2002.

The provisions in force prior to the entry into force of the Act prior to the entry into force of the law shall apply.

THEY 103/2001 , LaVM 19/2001, EV 119/2001

13.6.2003/496:

This Act shall enter into force on 1 August 2003.

THEY 200/2002 , No 2/2002, No 267/2002

21.1.2005/30:

This Act shall enter into force on 1 April 2005.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of the Act shall apply.

THEY 122/2004 , TaVM 20/2004, EV 166/2004, Directive 2002/65/EC of the European Parliament and of the Council (32002L0065); OJ L 271, 9.10.2002, p. 16

13 MARCH 2009:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009

22.12.2009/1184:

This Act shall enter into force on 1 January 2010.

A contract concluded before the entry into force of the law shall apply to the provisions in force at the time of entry into force of the law.

THEY 159/2009 , TaVM 24/2009, EV 212/2009

14 MAY 2010:

This Act shall enter into force on 1 November 2010.

This law shall apply:

(1) insurance for which the contract was awarded after the entry into force of the law;

(2) non-life insurance, which, as provided for in Article 16 (1), is maintained by insurance periods at a time, from the beginning of the period of insurance mainly from the beginning of the following period; and

(3) accident insurance and sickness insurance cover, mainly for the following period of insurance premiums or, where no insurance period has been agreed, from the beginning of the calendar year.

Articles 4, 7, 17b, 20 and 20a, Article 24 (3), Articles 27, 41, 47 and 54 and Article 70 (2) of the Act shall apply to the insurance referred to in Article 2 (2) and (3).

Article 17 (2), Articles 72 and 73 and Article 75 (3) of the Act shall apply where there has been an accident after the entry into force of the law. Article 74 applies if the decision of the insurer has been taken after the entry into force of the law.

THEY 63/2009 , TaVM 3/2010, EV 28/2010

18.1.2013/33:

This Act shall enter into force on 16 March 2013.

THEY 57/2012 , LaVM 14/2012, EV 126/2012

20.3.2015/3:

This Act shall enter into force on 1 January 2016.

THEY 344/2014 , TaVM 30/2014, EV 304/2014, Directive 2009 /138/EC of the European Parliament and of the Council (32009L0138); OJ L 335, 17.12.2009, p. Directive 2011 /89/EU of the European Parliament and of the Council (32011L0089); OJ L 326, 8.12.2011, p. 113., European Parliament and Council Directive 2014 /51/EU (32014L0051); OJ L 153, 22.5.2014, p. 1.