The Application of Good Faith Principles in Health Insurance Agreement (Case Study: Allianz Life Insurance Indonesia)

DOI

10.2991/assehr.k.201209.118How to use a DOI?

Keywords

Agreement, Utmost good faith principle, Health Insurance

Abstract

The insurance business provides guarantees for the protection of the insured, by taking risks that may occur to the insured in the future. However, insurance often misused with an aim of taking profits. Which contrary to the nature of insurance which in essence explains that insurance is not to gain profit. The main problem is the application of Article 251 KUHD which regulates the principle of good faith in the health insurance agreement by Budi Arman alias Budi Wijaya as the insured person to PT. Asuransi Allianz Life Indonesia Services. The research method used in this study uses normative legal research. In this study the type of data collected is secondary data, using primary legal materials, secondary legal materials and non-legal materials. In this case the insured uses fake ID cards to cover the coverage, and submit health insurance claims to the insurance company. Insurers carry out their obligations to pay claims, but arises suspicion of the insured due to claims made several times in a relatively short time, then it is proven that the insured uses fake ID cards. This settlement is carried out through the courts to find solutions to these problems. The conclusion of this research is that the insured does not apply the principle of good faith and that the legal settlement in the insurance case does not only cover the civil aspect but also includes the criminal aspect if there is an element of criminal action.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Hanafi Tanawijaya
AU  - Meliana
PY  - 2020
DA  - 2020/12/12
TI  - The Application of Good Faith Principles in Health Insurance Agreement (Case Study: Allianz Life Insurance Indonesia)
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 748
EP  - 753
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.118
DO  - 10.2991/assehr.k.201209.118
ID  - Tanawijaya2020
ER  -