TANGGUNG JAWAB PERUSAHAAN PIALANG ASURANSI DALAM PERJANJIAN ASURANSI PENGANGKUTAN BARANG ATAS PEMBAYARAN KLAIM TERTANGGUNG

INSURANCE BROKER'S RESPONSIBILITY IN CARGO INSURANCE CONTRACT'S AGREEMENT TOWARDS INSURED CLAIM PAYMENT

Abstract

The position of the insurance broker company in the cargo insurance contract is as the intermediary between the insurance company and the insured. Legal relationship between the insurance broker company and the insured is regulated in the power of attorney agreement which confirms that the insurance broker company acts as an intermediary service to provide recommendations or represent the insured in closing insurance and/or settling claims based on the provisions in the power of attorney agreement while still referring to the Law of the Republic of Indonesia Number 40 of 2014 on Insurance. The nature that is seen in the relationship between the insurance broker company and the insured is the granting of power of attorney as regulated in Article 1792 BW.
If the premiums have been paid by the insured to the insurance broker but the premiums haven’t been submitted to the insurance company, therefore the responsible party of any events covered by the policy of cargo insurance is the insurance broker to pay the claims arising as basically every person is entitled to certainty and legal protection including the insureds in their relation with the insurance company. It has been regulated in Law of the Republic of Indonesia Number 40 of 2014 on Insurance which reflects the attention and support for the efforts to protect consumers of insurance services