The Legal Validity of Insurance Indemnity Claims in Credit Life Insurance for Vehicle Loan Settlement (A Case Study of Supreme Court Decision Number 3079 K/Pdt/2019)

Abstract

The development of insurance in Indonesia has resulted in various types of new insurance agreements. One form is a credit life insurance agreement which is a product of the development of life insurance. In insurance agreements, the principles that must be fulfilled are implicitly stated in the legal norms contained in the Commercial Code (KUHD) including: Utmost Good Faith Principle;Insurable Interest Principle;Indemnity Principle; and Subrogation Principle. In a credit life insurance agreement, the principle of insurable interest is fulfilled when the bank's position as a beneficiary and also an insurance policy holder results in the transfer of the risk of default from the debtor when the insured debtor dies. This article will discuss the validity of insurance agreements made by third parties who are not family or relatives of the insured according to the principle of interest and the legal consequences and legal standing of the insurer who refuses to pay compensation to PT Mandiri Tunas Finance to pay off the debt owed by the Insurer. The fulfillment of the principle of interest creates a legal obligation for PT Asuransi Jiwa InHealth Indonesia to pay the credit from Suniah to PT Mandiri Tunas Finance, so that the rejection of the claim cannot be argued if all the basic principles of the insurance agreement have been fulfilled.