We know that the insured's commitment to make statements about the insured risk it branches to adhere to information when hiring and commitment to advertising during the period of insurance . If the insured breached Boehma whether closely guards statement or make a false statement, the consequent - in accordance with the general rules - A two Jzain:
I - revocation request to the occurrence of the insured in error or fraud.
Second - request termination for breach of the insured obligation arising from the insurance contract.
However, the custom insurance - For special considerations insurance market - Did not arrange any of these Aljzain, but were on the invalidity of the contract as a sanction for fraud issued by the Insured or breach of its obligation.
Note that this is a special case of invalidity is not subject to the general rules prescribed in the theory of nullification.
The offense that falls on the insurer has the burden of proving bad faith, the insured because the basic intercede for him - A presumption of good faith - And on the alleged dispute this origin to substantiate his claim.
Accordingly, it is permissible for the believer to ask invalidate the insurance contract, when demonstrated the bad faith of the insured, in order to evade the commitment to ensuring the insured risk than in the case bring. When decide nullity fell right insured claim the insured amount when the risk of the insurance even if achieved was formerly on the report of invalidity. And fell - As well as - The right to claim the insured total premiums In.
التسميات
Insurance