Legal Problems Concerning the Right to Terminate the Non-Life Insurance Contracts

Abstract

           Research on “Legal problems concerning the right to terminate non-life insurance contracts” aims to study the theoretical concepts. Facts and legal issues international law foreign law and the laws of the Kingdom of Thailand regarding the termination of non-life insurance contracts to suggest ways to amend the law to be more appropriate
           It is a qualitative research (Qualitative Research) which is a study of documents from the law. Academic textbooks, research, electronic media of Thailand and abroad. There is a group discussion. There were in-depth interviews with all 4 sample groups, namely insurance company representatives. Officers of the Office of Insurance Commission (OIC), insured customers and academics in insurance law
           The results showed that There are two cases of termination of a non-life insurance contract: termination by contract terms. and termination by provisions of law But the insurance of the Kingdom of Thailand There is no provision in the law that clearly defines the terms of the termination of the non-life insurance contract. Returning premiums before starting to take risks, according to Civil and Commercial Code, Section 872, the insurer prefers to receive half of the premium that may not match the actual expenses incurred. The insurance premium refund schedule set by the OIC, if used to refund premiums in both cases, i.e. in the event that insurance claims have been made and those that have not been claimed. If the non-life insurance contract is canceled, the insurance premium will be refunded at the same rate. which is unfair to the entire insured company and the insured As for the insurance payback, the law should be clearly stated that the payback of non-life insurance is 80 percent, therefore it is recommended that the Civil and Commercial Code should be amended for non-life insurance. by determining the cause of the termination of the insurance contract And the return of insurance premiums to be clearer, amending Section 872 by allowing the insurer to prefer to receive premiums based on actual expenses