Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Jurisprudential–Legal Analysis of the Civil Liability of Insurance Company Employees toward the Policyholder and the Insurance Company

Document Type : research

Authors
1 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Payame Noor University, Tehran, Iran
2 Assistant Professor, Research Group on Islamic Insurance Studies, Insurance Research Institute, Tehran, Iran
3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Jahrom University, Jahrom, Iran.
Abstract
Background and Objective: The expansion of the insurance industry and the extensive role of employees in processes such as issuing insurance policies, loss assessment, and fulfillment of insurance obligations have increased the likelihood of legal liability. Therefore, examining the jurisprudential and legal foundations of the civil liability of insurance company employees is of particular importance. The purpose of this study is to analyze the jurisprudential–legal foundations of the civil liability of insurance company employees toward policyholders and the insurance company and to clarify the scope of this liability within the Iranian legal system.

Materials and Methods: This study is theoretical in nature and was conducted using a descriptive–analytical research method.

Findings: In Islamic jurisprudence, principles such as destruction (Itlaf), causation (Tasbib), the rule of no harm (La Zarar), and deception (Ghorur) can serve as bases for employees’ liability when damage occurs. According to these principles, if an employee’s conduct directly or indirectly causes damage, liability may be attributed to them. In Iranian law, however, due to civil liability rules and the employment relationship between employees and the insurance company, primary liability toward the policyholder often rests with the insurance company.

Ethical Considerations: In all stages of this research, originality of texts, honesty, and academic integrity were observed.

Conclusion: The findings indicate that employees’ liability is generally fault based. However, because employees act as representatives of the insurance company, compensation toward the policyholder is typically borne by the company, which may seek recourse against the negligent employee.
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