Open AccessAppointment of a Proper Defendant in Cases Over Insurance Indemnity Under Third Party Liability Insurance Contract
Author(s) -
Olga Aleksandrovna Egorova
Publication year - 2019
Publication title -
ûridičeskie issledovaniâ
Language(s) - English
Resource type - Journals
ISSN - 2409-7136
DOI - 10.25136/2409-7136.2019.11.31274
Subject(s) - indemnity , business , compensation (psychology) , harm , liability insurance , liability , law , third party , insurance policy , legal liability , bad faith , actuarial science , political science , psychology , psychoanalysis , internet privacy , computer science
In this article Egorova analyzes questions that relate to the process of appointment of participants in a judicial process resulting from third party liability insurance contract made by vehicle owners who may act as an obligator on the side of the defendant. The importance of apointing a proper defendant is caused by the fact that these are unique cases that require a different court procedure, thus, the relationship between parties that existed prior the trial may significantly affect the final decision of the court. The research is based on theoretical and comparative analysis of the provisions of the Federal Law No. 40 of April 25, 2002 'Concerning Compulsory Civil Insurance of Owners of Means of Transport' that set forth several ways of compensation of harm as a result of road traffic incident, each way has its own proper defendant. The results of the theoretical analysis allow to describe a range of potential proper defendants nunder third party liability insurance contract. This proves the importance of the issue raised by the author of the article. The practical importance of the research is proved by the author through analyzing procedural competences of court and what defendants may be involved in the dispute.