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General Lawyers

In cases relating to insurance, exempt from state duty

Some people believe that insurance companies are expensive and difficult to sue. Each case is unique and complex. A dispute with an insurer will cost less than any other civil dispute. They don’t need to pay a fee for filing a lawsuit in court. This is a significant difference from other types of cases. You don’t need to pay any state fees to begin defending your insurance rights.

Which cases are related to insurance coverage?

Insurance cases are cases that resolve disputes relating to the non-fulfillment of or improper fulfillment obligations.

Common types of disputes:

Recovery of Insurance Indemnity

This applies to situations in which the insurance company has not paid your insurance indemnity fully, wrongly calculated the amount of compensation or refused to pay you the money due under your insurance. This is the most common type of dispute.

Subrogation to recover insurance indemnity

Subrogation refers to the transfer to an insurer who paid the insurance indemnity, of the right to seek compensation from the person responsible.

– Recourse to recover

This is the right to reverse claim in compulsory insurance. The organization can recover the employee’s losses. If the company does not wish to suffer losses due to the occurrence of an insured event, the amount can be recovered through recourse.

– Termination of the insurance contract

An insurance contract can be ended by either the insurer or the parties. However, the parties may also challenge the circumstances. The insurer wasn’t notified about significant circumstances that could have affected the insurance company’s increase in risk, the policyholder was liquidated or the next installment was not made. You can discover that your contract was terminated by looking at the details. The contract was terminated even though the term is not yet expired.

Who is exempted from paying the state fee in this case category?

No fee is charged to any party in a dispute relating to insurance, regardless of whether they are a legal entity, an individual or a corporation. The policyholder, beneficiaries, and insurer are all exempt from the fee. Employees of legal entities who disagree with the right to recover insurance compensation through recourse.

What legislation regulates this issue?

The Civil Code of the Republic of Belarus, and the Rules of the relevant type of insurance, are the main documents that regulate insurance relations.

The Law of the Republic of Belarus “On Protection of Consumer Rights” regulates legal relations in the insurance field.

Subparagraph 2.2.2 of the Special Part of The Tax Code of Belarus provides a special exemption from the state duty in court proceedings related to insurance in Belarus. Also, the court may issue copies of documents in such cases.

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