Uticaj reosiguranja na prestacije osiguravača u primarnom ugovoru o osiguranju

Abstract

Based on the proven insurer’s impact on actions and behavior of the insured, the author analyses whether the reinsurer has an impact on the reinsured that can, at least to a certain extent, determine and regulate reinsured’s behavior. Due to a fact that reinsurance contract is not legally regulated, examing this subject represents a certain challenge. Therefore, the central part of the work is devoted to the analysis of the main characteristics of the reinsurance contract, as well as the principles governing its content. The results of the conducted research indicate that, on account of principles governing reinsurance contracts, reinsurance represents a source of influence on the insurance contract, especially the reinsured’s contractual obligations. Two contractual obligations of the reinsured stemming from the primary insurance contract are significantly influenced by the reinsurance contract. These are underwriting process, as well as the claim handling. The author concludes that such effects of reinsurance of insurance contracts require to be taken into account while legally regulating insurance contracts.