Believer in the damage insurance is committed to meeting the insured, when the risk of the insured him, the lowest values (the amount of insurance or the amount of damage).
Is that it occurs - In practice - that the amount of insurance is less than the value of the thing insured and knows undervaluation If insurance resulted if the risk insured him to the loss of some of this and not the whole thing. For example, if the value of the house (40,000 pounds) and was the agreed amount of insurance (30,000 pounds) and estimated the damage caused by the check fire risk $ (20,000 pounds). In light of this example you receive insured covers damage (20,000 pounds)?, Or receive a percentage of the equalizer with the value of the thing and the amount of insurance?.
The answer - With the realization of the comparative base - We find that the insured will receive a fully covers the damage, although it did not exceed the agreed amount of insurance, but earns the equivalent of the house was burned with the entire value of the home unless otherwise agreed ( [1] ) The following manner:
Compensation paid by the insurer to the insured =
Amount of damage x amount ÷ value of the home insurance
20000 × 30000 ÷ 40000 = 15000 pounds.
However, the insured can avoid the application of the principle of proportionality when danger, of which at least the amount of damage for the insured value of the thing and the amount of insurance agreed, that in line with the insurer not to apply this principle to the insurance relationship .
([1]) The second paragraph of Article (1100) of the preliminary draft of the Civil Code provides that "2 - If the amount of insurance is less than the value of the thing real day of the fire, was to be paid from the amount of insurance is the equivalent ratio between this amount and the value of the thing insured time of the incident Unless otherwise agreed "(set preparations for the law semen, vol 5, p 388).
التسميات
Insurance Damage