Abstract
The aim of this paper is to elaborate on exceptions from the insurance coverage of motor liability in the Kosovo legislation, which is a rather delicate matter both in law and practice, in court law and legal doctrine, both national and international. Also, another aim is to recognize the differences between the loss and exceptions to insurance coverage in motor vehicle liability in terms of third parties. For more, insurance coverage and the components of exclusion are the focus of this paper.Knowing that the matter addressed by this paper is rather complex and wide, within the bounds of possibility, this paper will only elaborate on the legal provisions in Kosovo, in a way of facilitating the practitioners’ work, but also conveying this experience with the relevant authorities inside and outside the country, so as to initiate an adequate reflection on the legal matter.
Highlights
The history of insurance in Kosovo is related to the end of the World War 2 and onwards, when in the former Yugoslavia, to which Kosovo was part, all private property was Iliria International Review – 2014/2 © Felix–Verlag, Holzkirchen, Germany and Iliria College, Pristina, Kosovo transferred to the state, and by the end of the seventies in the last century, it was renamed socially-owned property
Insurance is divided into two major groups: - Compulsory insurance, and - Voluntary insurance
In the group of compulsory insurance, an important place is taken by compulsory motor liability insurance for third party damages, while the voluntary insurance group is richer in insurance products, such as the health insurance, personal accident insurance, Kasko insurance, asset insurance, etc., but the general insurance portfolio is largely dominated by the compulsory motor liability insurance for third party damages
Summary
The history of insurance in Kosovo is related to the end of the World War 2 and onwards, when in the former Yugoslavia (ex-SFRY), to which Kosovo was part, all private property was Iliria International Review – 2014/2 © Felix–Verlag, Holzkirchen, Germany and Iliria College, Pristina, Kosovo. These circumstances brought the first Insurance Association under social ownership.1 This was legally designated in 1977,2 pursuant to constitutional powers of the former SAPK (Socialist Autonomous Province of Kosovo) in adopting independent acts, but the relevant law of that time had not provided on the exceptions to the motor vehicle liability insurance coverage, though not meaning that the loss of coverage was not regulated. In the nineties, the former SFRY had enacted the Law on the Basic System of Asset and Personal Insurance, only to follow on later with the former FRY (Federal Republic of Yugoslavia) enacting the new Law on Insurance of Assets and Persons, the provisions of which did not make a clear distinction between loss and exceptions to the insurance coverage. 17 In relation to the meaning of third party, see LCMLI Article 2 para. 1 item 1.8
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