Försäkring och ansvarsfördelning : Om förhållandet mellan försäkring och kommersiella leverans- och entreprenadavtal

Detta är en avhandling från Uppsala : Acta Universitatis Upsaliensis

Sammanfattning: This thesis discusses the relationship between risks in commercial supply and construction contracts. on the one hand, and risk coverage via insurance, on the other hand. Despite the close link which, in fact, exists between companies' standard purchase agreements and the insurance they hold, few concrete signs of this can be seen. Most standard agreements in Swedish industry outside the building trade and the transport sector lack provisions requiring insurance to be effected by the parties involved.The thesis analyses the existing combined business insurance from the standpoint of the sale of goods. The examination shows that the parties to a purchase agreement who take into account the scope for risk coverage offered by this insurance can select new principles for the division of liability Risks and risk coverage in CAR and EAR contracts are described in the thesis in order to show how a well-developed interaction between risk-taking and insurance cover can be achieved in standard contracts.Different methods of apportioning risk between the parties to a contract are described, followed by a discussion of the links of these methods to insurance. The exclusion of liability in a standard contract can be assessed in the light of the existing insurance cover. The thesis sets out a number of examples of legal practice outside Sweden where an exclusion of liability has been judged to be unreasonable.Contractual provisions about the obligation of a party to effect and make use of insurance has a bearing on the division of liability between the parties. On the other hand, the division of liability agreed by the parties affects their access to insurance cover.An account is finally given of how the division of liability can be implemented through subrogation by the insurer against the party responsible.The examination shows not only that commercial all risks insurance, machinery breakdown insurance and business interruption insurance has an important task to fulfil as a means of covering risks in commercial contracts, but also that the exclusion in liability insurance of pure financial loss is not practical. The parties to an agreement should specify to a greater degree what should be covered by their insurance contracts to avoid the risk of provisions relating to the obligation to effect insurance not having the intended effect. The limitation of liability exposure by a party through the use of exclusions of liability in a supply contract has proved to have littleeffect on the cost of insurance cover. On the other hand, increased risks in a contract can affect the cost of the insurance cover.In conclusion, a description is given of how a new kid of all risks insurance could cover certain important losses relating to the sale of goods and that the liability insurance should also be extended to provide for the basic coverage required.Greatly improved interaction between purchase risks and insurance is desirable. Such an interaction presupposes the development by the insurance companies of new and greatly simplified insurances.

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