Summary

The insurer’s obligation to pay an indemnity upon the occurrence of an insured event is not absolute, and under certain circumstances the insurer is absolved, either partially or in full, of performance of the obligation. Such instances may, for example, include situations in which the policyholder has not immediately paid the insurance premium, the policyholder has violated the precontractual notification obligation, the insured risk increases or the policyholder violates the safety requirements (safety measures). One such instance includes a situation in which the policyholder has violated the obligations following the insured event. The article includes an examination of the policyholder’s obligations following an insured event. The authors limit themselves to the examination of one part of non-life insurance – property insurance (object insurance) – insofar as property insurance has the greatest impact on the everyday lives of people.

Regardless of the type of violation that has taken place following an insured event, clauses 452 (2) 3) and 4) of the Law of Obligations Act must be kept in mind, in which the right of the insurer to rely on the policyholder’s violation of obligations is limited. The article provides an explanation of what and how the insurer may demand or expect from the policyholder, if an insured event has taken place, as well as what the legal consequence is in a situation in which the policyholder violates the obligations following an insured event.