(ii) Insurance Claims and Compensation Section

The Panel noted that in cases where the insurers verified the policies, claimants frequently claimed for amounts significantly in excess of the insured figures.

Having concluded that this consolidated claim, in effect consists of 82 claims, comprising 67 managing agent and 15 insurance company claims,

Article 45 If the insured waives the right of indemnity against the third party after the occurrence of the insured event and before the insurer making the indemnity, the insurer shall bear no obligation for indemnity.

With regard to the admissibility of claims for loss of life and reduced quality of life, the Claimants maintain that loss of life and reduced quality of life are clearly and properly compensable by the Commission.

26. The Insurance Claims and Compensation Section provided two types of direct services for peacekeeping operations.

4. The Insurance Claims and Compensation Section, within the Office of Programme Planning Budget and Accounts (Insurance Section), at Headquarters, is responsible for establishing, administering and monitoring commercial insurance coverage for the United Nations.

68. A system of periodic claims audit should be introduced at the offices of the medical insurance companies to ensure that the claims submitted by them are correct.

Also included in this report is one E2 claim, that is a claim submitted by a non Kuwaiti corporation, public sector enterprise or other private legal entity (excluding oil sector, construction engineering, export guarantee insurance and environmental claimants) (the E2' claim ).

In the event of the occurrence of the insured event referred to in the preceding paragraph, the insurer may, at the time of making indemnity, deduct therefrom a corresponding amount which the insured has received as indemnity from the third party.

Following a well blow out, Magma claimed losses for US 12.5 mil from Tugu under the policy.

In connection with the claims by governments for loss of life and reduced quality of life of their nationals, Iraq asserts that the claims are inadmissible because the Claimants concerned lack legal standing to bring such claims before the Commission.

With regard to the claims made for pain and suffering for non fatal injuries, the Claimants state that these are distinct from the government claims for reduced quality of life.

2.13 After receipt of further information, the Regional Public Prosecutor, on 18 June 2003, made the following recommendations to the Director of Public Prosecutions (DPP), in relation to prosecution of the above DPP accepted them on 6 August 2003 Mr. Rindal and Mr. Warming should be prosecuted under section 266 (b) (1) for their statements at the party conference.

Article 94 An insurance company shall set aside an outstanding loss reserve for the amount of insurance indemnity or the amount of the insurance benefits which have already been claimed, and for those amounts due for which the insured events have occurred, but which has not yet been claimed.

One claim in the sixth instalment was found to be a duplicate of a claim awarded compensation in the fifth instalment.

The Panel instructed the secretariat to forward each insurance policy submitted by the claimants in this instalment to the issuing insurer in Kuwait for verification.

Concerning the issue of duplicate claims, the secretariat indicated that it was aware of the risk of duplicate claims from the outset of claims processing and took steps to identify and eliminate such claims during the course of claims processing.

JordanTwo claims reported in the second instalment were found to be duplicates of claims also reported in the same instalment.

The Panel also reviewed each individual claim and its related E4 claim to ensure that there was no likelihood of duplication of awards.

If the insured, without the insurer's consent, waives the right of indemnity against the third party after indemnity is made by the insurer, the waiver of the insured shall be regarded as invalid.

With regard to the use of statistical evidence by the Claimants to support some of the claims, Iraq contends that, in order to succeed with a claim for damages, it has to be proved with certainty that damage or harm to a legally protected interest, for example, health, life or property, has actually occurred.

The Department of Management stated that bearing in mind that similar equipment at peacekeeping missions ... is not commercially insured, the Department of Peacekeeping Operations did not formally request such coverage and the matter was not further pursued by ICCS .

Divorce case, a tax appeal, and an important marine insurance claim.

If the insured fails to fulfill the obligation of notice stipulated in the preceding paragraph, the insurer shall bear no obligation for indemnity of the insured event which occurs due to the increased risk to the subject matter of the insurance.

Article 44 When the occurrence of the insured event results from the loss or damage to the Subject matter of the insurance caused by a third party, the insurer may be subrogated into the insured's right of indemnity against the third party up to the amount of indemnity from the date when the amount of indemnity is made.

The insurer may deduct a corresponding sum from the amount of indemnity if it is not able to exercise the right of indemnity by subrogation due to the fault of the insured.

Article 27 The insurer may terminate the insurance contract and refuse to return the premiums paid if the insured or the beneficiary falsely claims that an insured event has occurred, and submits a claim for indemnity or payment of the insurance benefits, although such insured event has not occurred.

SudanOne claim originally reported in the fourth instalment was found to be a duplicate of a claim also reported in the same instalment.

Occupational injury insurance benefits are higher than general health and pension insurance benefits

The elements of Claim No. 5000309 were originally part of claim 5000208 in the F2 claims category.

Unless a claimant was able to provide satisfactory evidence of stock or tangible assets in excess of the insured amounts, the Panel reduced the claimed amount for such stock or tangible assets to the insured level and then applied standard adjustments such as for obsolescence and depreciation.

A risk assessment for the foreign property and demining liability policies is required, as are a method for valuing Headquarters property and a strategy for managing the self insurance fund for liability claims.

Category C corrections Recommendations for corrections to category C claims are those arising from confirmed duplicate claims, discrepancies between the electronic and paper claim formats, and multiple recovery based on the duplication of claim awards.

Iraq contends that under the scheme established by the Governing Council, a government is not entitled to bring a claim by way of diplomatic protection for the loss of life or health of its nationals.

The damage or losses for which compensation is claimed include expenses of medical treatment for specific diseases and mental conditions as well as general claims for loss of life or reduced quality of life of the population.

The Claimants point out that none of the individual claims that have been processed by the Commission to date has included compensation for damage from loss of life or reduced quality of life that is now sought in the fifth F4 instalment.

If an applicant negligently fails to perform his her obligation of making a full and accurate disclosure and this materially affects the occurrence of an insured event before the termination of the contract, the insurer shall bear no obligation for making any indemnity or payment of the insurance benefits but may return the premiums paid.

The Commission acknowledged those risks and therefore requested Governments to keep an accurate record of the persons to whom awards had been paid in order to further reduce the risks of making duplicate payments to claimants.

Written inquiries were sent to seven insurers in Kuwait with whom the claimant had brokerage relations.

The level of premiums should be explained in future budget reports, together with information on claims.

If any applicant intentionally fails to perform his her obligation of making a full and accurate disclosure, the insurer shall bear no obligation for making any indemnity or payment of the insurance benefits, or for returning the premiums paid for the occurrence of the insured event which occurred prior to the termination of the contract.

(g) Processing of third party and insured and uninsured claims against the Organization through the UNPF Local Claims Review Board, with the exception of the claims of the Government of Bosnia and Herzegovina, in accordance with paragraph 10 of General Assembly resolution 51 12

The bulk of the Chief s responsibilities relate to establishing policy and administering the claims and benefits of the health coverage.

They argue that, under the settled principles of international law, loss of life and reduced quality of life of nationals of a State represent injuries to the State, and claims for such injuries can be asserted as State claims rather than as the claims of individual nationals.