Proceedings of the 1st International Conference on Social, Science, and Technology, ICSST 2021, 25 November 2021, Tangerang, Indonesia

Research Article

Breach of Contract by Insurer as Insurance Fraud

Download520 downloads
  • @INPROCEEDINGS{10.4108/eai.25-11-2021.2318837,
        author={Mulhadi  Mulhadi and Dedi  Harianto},
        title={Breach of Contract by Insurer as Insurance Fraud},
        proceedings={Proceedings of the 1st International Conference on Social, Science, and Technology, ICSST 2021, 25 November 2021, Tangerang, Indonesia},
        publisher={EAI},
        proceedings_a={ICSST},
        year={2022},
        month={7},
        keywords={breach of contract; insurance fraud; insurer; insurance cases},
        doi={10.4108/eai.25-11-2021.2318837}
    }
    
  • Mulhadi Mulhadi
    Dedi Harianto
    Year: 2022
    Breach of Contract by Insurer as Insurance Fraud
    ICSST
    EAI
    DOI: 10.4108/eai.25-11-2021.2318837
Mulhadi Mulhadi1,*, Dedi Harianto1
  • 1: Department of Civil Law, Faculty of Law, Universitas Sumatera Utara, Medan, Indonesia
*Contact email: mulhadi@usu.ac.id

Abstract

Insurance was intended to be a risk management tool, but in practice, it has become a means of exacerbating the risks borne by insured because reality is not as beautiful as imagined. This study wants to ascertain whether or not many breaches of the contract were committed by the insurer. The object of this research uses 42 insurance cases in the form of court decisions by content analysis approach. Data show that there are 34 cases or 80,95% of the total 42 insurance cases are breach of contract committed by insurance companies. In these cases the insurer "refusing to pay the claim request from the insured." The insurer constantly argues that the insured's claim was rejected to enforce the insurance law. However, the results of the examination by the Panel of Judges generally place the insured or his heirs as the winning party.