Kamis, 23 April 2009

Is the insurance will be the guest on a heavy Office of the Ombudsman?

It is known that the control system of cooperative insurance companies in 1424 by the Office of the Ombudsman e assigned an important aspect of consideration of issues of jurisdiction of insurance, according to the rules of Valdiwan respect to the determination of all disputes, which falls between the insurance companies and reinsurance companies or between their respective claims and adjudication of violations of the control system cooperative insurance companies, with penalties for those offenses to one million rials, with the possibility of application of the death in prison of up to only the top four years, and to consider starting in the case that requests SAMA or commissions insurance disputes in chapter imposing a sentence of imprisonment for offenders of the system.

If this is the original jurisdiction of the Office of the Ombudsman, there is an additional competence to be held on the Office of the Ombudsman and to appeal decisions of the committees in the chapter of insurance disputes, the system was mandated in the Court of grievances brought by opponents against the decisions of the committees in the chapter of insurance disputes. If we knew that these committees in accordance with the control system of cooperative insurance companies responsible for the consideration of the conflicts that occur between the insurance companies and their clients or between these companies and others in the case of solutions to replace the insured (in accordance with the principle of subsidiarity), and the chapter in violation of regulations and supervisory oversight of insurance companies and reinsurance companies in the irregularities professionals free insurance brokers and insurance consultants, and others.

The court's jurisdiction, it would be the consideration of complaints and a wide as well. In spite of that the system did not give the competent authority to consider the conflicts that occur between the self-employed, insurance companies or reinsurance companies, however, that the jurisdiction remains in session for the Office of the Ombudsman by virtue of the exercise of liberal professions in the insurance often take the form of a commercial company, and to consider the issues commercial companies from the responsibility of the Office of the Ombudsman.

And conclude from all this that the Office of the Ombudsman will be considered in a wide area and variety of insurance issues. From my perspective there is no problem regarding the Office of the Ombudsman's jurisdiction to consider the conflicts that occur between the insurance companies or reinsurance companies, the issue is often related to a trade dispute is not much different from the conflicts that occur between companies with different activities, and this applies also to the criminal jurisdiction on consideration of the application of the offenses and penalties associated with it, Valdiwan have previous experience in that.

Remained an important issue which will - I believe - a great challenge for the Court, a consideration of the grievances brought before the court against the decisions of the committees in the chapter of insurance disputes, in matters concerning the relationship between the pure insurance the insurance company and its customers or others, especially that these grievances will be The president is due to appeal to the understanding of the specificity of these committees, the legal issues that distinguish it from any other insurance of the other human rights issues, and this requires a thorough understanding of court judges to the issues of insurance, if we know also that the decisions of these committees will be missed very much legal authority on which it depends what makes the task of control over these very difficult decisions will have to court access in a wide range of legal knowledge, which the legal principles established by the insurance industry in the world and its compatibility with the principles established by the court to act accordingly. The question is: What is prepared by the Court in this regard?

In conclusion: I hope it does not have the insurance burden on the court as guest, and I say (guest) in Seoul to await the development of the insurance arrangements with the new jurisdiction.

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