• Title/Summary/Keyword: CLAIM

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A Study on the Surrender B/L and the Subrogation Claim of Marine Cargo Insurance under International Trade Transaction (국제무역거래상 권리포기 선하증권과 관련된 해상화물보험의 대위청구권에 관한 연구)

  • LEE, Jae-Sung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.71-94
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    • 2015
  • The insurer's right to take legal proceedings in the name of the assured against a third party who has caused loss of or damage to the goods is of particular importance in marine cargo insurance under international trade transaction. The amounts recovered in subrogation actions, known in practice simply as recoveries, form a significant element in the balancing of the cargo insurer's underwriting account by improving ing the loss record. However, even if the carrier involved in the accident have a liability for damages, in some cases can not claim damages in accordance with the after clauses and carrier's exemption clauses indemnity carrier under the contract of carriage. In recent, the dispute cases to argue damages claim of the carrier in connection with business practices of surrender B/L, the claim is dismissed cases in accordance with the Arbitration Rules of the after clauses. In the future, the surrender B/L is continually to use as a marine transport method, it may also be interested in insurance subrogation of damages claims to insurance accident by a surrender B/L.

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A Study of Analyzing Claim Factor and Making Strategies to Prevent Claim in Early Stage for Architectural Turn-key Project - Focusing on Domestic Project - (건축턴키공사 초기 단계에서의 클레임 방지를 위한 클레임요인 분석 및 대응방안에 관한 연구 - 국내공사 사례중심으로 -)

  • Yoon Jun-Seon;Yoo Byoung-Eok
    • Journal of the Korea Institute of Building Construction
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    • v.6 no.1 s.19
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    • pp.93-99
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    • 2006
  • In the inner turn key constructions the problems of uniform types are repeatedly occurred, and, especially, many problems happen up to the stage of pre-construction(from a bid to a contract) owing to the specialties of the turn key constructions. So the claim factors of the Korean turn key constructions were abstracted through the literature searches, the site document examinations, the case studies and the interviews with the experts. When the technicians meeting the interior turn key constructions for the first time and working here now are well acquainted with only these factors, many claims will be prevented. By analysing the degree of claims by claims factors through the questionnaires to the experts about the abstracted factors and surveying the amount of the claims through the case studies, what factors exerted how much of influence on the claims was tested and analyzed. Proposing the response devices to the factors affecting the claims much led the technicians in charge of internal turn key constructions to the prevention and the proper solution of the site claims.

Main Trends for Reforming the Law of Insurance Contract in England - Focused on the Insured's Post-Contract Duty of Good Faith in relation to Claims - (영국 보험계약법의 주요 개혁동향 - 보험금청구와 관련한 피보험자의 계약체결 후 선의의무를 중심으로 -)

  • Shin, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.207-229
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    • 2012
  • In IP 7 and LCCP 201, Law Commission considers the insured's duty of good faith after the formation of the contract. This article intends to review and analyse the legal implications of proposals in IP 7 and LCCP 201. The results of analysis are following. First, Law Commission propose to end the remedy of avoidance under MIA 1906 section 17, because avoidance of past claims is unprincipled, impractical and unnecessarily harsh. Secondly, LC proposes that an insured who makes a fraudulent claim should forfeit the whole claim which the fraud relates, but that the fraud should not invalidate previous and legitimate claims. Thirdly, LC proposes to introduce a statutory right for the insurer to claim damages for the reasonable, foreseeable costs of investigate a fraudulent claim in specific circumstances and that damages would be limited to those cases where the insurer can show an actual, net loss. Finally, LC provisionally propose that an express fraud clause should be upheld in business insurance, whereas in consumer insurance, any term which purports to give the insurer greater rights in relation to fraudulent claims that those set out in statute would be of no effect.

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Green Advertisement with Sustainability Claims -Message Credibility and Design Trendiness-

  • Yoo-Won, Min;Sae Eun, Lee;Kyu-Hye, Lee
    • Journal of Fashion Business
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    • v.26 no.6
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    • pp.82-93
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    • 2022
  • Sustainability is a significant change that fashion industry has undergone. Marketers and brands are looking for guidance in green advertising to most effectively motivate consumers to purchase sustainable fashion products. This study aims to reveal environmental and cultural sustainability claims on message credibility and purchase intention regarding product trendiness. We performed mediation and moderation analyses, using a 2 (sustainability message: environmental and cultural) × 2 (product design: classic vs. trendy) between-subjects experimental design. The PROCESS MACRO was used for the analysis. Results indicate that environmental claim must appear credible to consumers to motivate them to purchase a product. On the other hand, cultural claim, with and without credibility, affected consumer's purchase intention. Moreover, cultural claim and trendy design together influenced message credibility and purchase intention, showing a moderated mediation effect. The study indicates that brands should broaden their perspective regarding sustainability by considering cultural factors when providing sustainability claims. Environmental claim should be clear and transparent to avoid green skepticism. Also, it is important to focus on product's design aspect: making trendy designs. It is difficult to change consumer behavior based only on sustainability value. Thus, brands must coney their consideration of design trends. Theoretical and managerial implications also are discussed.

An Analysis of Accident Causes in Construction project by Using Insured Claim Payouts (건설공사보험 손실액을 활용한 사고원인 분석연구)

  • Yu, Yeong-Jin;Kim, Sang-Ho;Yang, Sungpil;Kim, Ji-Myong;Son, Kiyoung
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2015.11a
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    • pp.60-61
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    • 2015
  • In recent years, the accidents in construction projects are continuously increasing due to their complexity and variety. However, few studies have been conducted regarding the risk prediction model and the database of risk assessment in construction projects. To address of these issues, the objective of this study is to analyze the accident causes by using insured claim payouts of insurance companies. First, the descriptive analysis of accidents causes is conducted according to scheduling rate, season, and total construction costs. Second, the correlation analysis is conducted between accidents causes and total construction costs. In the future, the risk assessment model can be developed to quantify the accident causes in construction projects to estimate claim payouts of insurance companies.

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A Study on a System of Resolving Claim according to the Delay of Construction Projects - Focus on Liquidated Damages - (공기지연에 따른 클레임 대응방안에 관한 연구 - 지체상금을 중심으로 -)

  • 이영민;이상범;김정길
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2002.11a
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    • pp.111-116
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    • 2002
  • The delay of the completion of the construction project occurs frequently because the origin schedule is affected by numerous factors that contribute to the overall delay in completing the project. But in our country. the dealing with a claim is not sufficient yet by reasons of fairl relation between owner and constructor, cognitive shortage in claim, and such. especially they have make a wrong application of baseless the rule. In this study. we make a rational model ; that includes calculating of dispute costs, and suggest the solution and the prevention for claim by considerating the law followed liquidated damages.

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THE ULTIMATE RUIN PROBABILITY OF A DEPENDENT DELAYED-CLAIM RISK MODEL PERTURBED BY DIFFUSION WITH CONSTANT FORCE OF INTEREST

  • Gao, Qingwu;Zhang, Erli;Jin, Na
    • Bulletin of the Korean Mathematical Society
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    • v.52 no.3
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    • pp.895-906
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    • 2015
  • Recently, Li [12] gave an asymptotic formula for the ultimate ruin probability in a delayed-claim risk model with constant force of interest and pairwise quasi-asymptotically independent and extended-regularly-varying-tailed claims. This paper extends Li's result to the case in which the risk model is perturbed by diffusion, the claims are consistently-varying-tailed and the main-claim interarrival times are widely lower orthant dependent.

A Study on Analyzing Effect of Claim Factoy to Prevent Claim in Early Stage for Construction Project - Focusing on Turn-Key Project - (건설 프로젝트 초기단계에서의 클레임 방지를 위한 클레임 요인 영향도 분석에 관한 연구 - 턴키공사 사레 중심으로 -)

  • Yoon Jun-Seon;Seo Choon-Taek
    • Journal of Arbitration Studies
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    • v.15 no.1
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    • pp.95-112
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    • 2005
  • In the inner turn key constructions the problems of uniform types are repeatedly occurred, and, especially, many problems happen up to the stage of pre-construction(from a bid to a contract) owing to the specialties of the turn key constructions. So the claim factors of the Korean turn key constructions were abstracted in antecedent paper. When the technicians meeting the interior turn key constructions for the first time and working here now are well acquainted with only these factors, many claims will be prevented. By analysing the degree of claims by claims factors through the questionnaires to the experts about the abstracted factors and surveying the amount of the claims through the case studies, what factors exerted how much of influence on the claims was tested and analyzed. Studying and Managing the factors affecting the claims much led the technicians in charge of internal turn key constructions to the prevention and the proper solution of the site claims.

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A Study on the Time-Dependent Bonus-Malus System in Automobile Insurance

  • Kang, Jung-Chul
    • Journal of the Korean Data and Information Science Society
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    • v.16 no.4
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    • pp.1147-1157
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    • 2005
  • Bonus-Malus system is generally constructed based on claim frequency and Bayesian credibility model is used to represent claim frequency distribution. However, there is a problem with traditionally used credibility model for the purpose of constructing bonus-malus system. In traditional Bonus-Malus system adopted credibility model, individual estimates of premium rates for insureds are determined based solely on the total number of claim frequency without considering when those claims occurred. In this paper, a new model which is a modification of structural time series model applicable to counting time series data are suggested. Based on the suggested model relatively higher premium rates are charged to insured with more claim records.

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A Study on the Automation of Check-in and Claim System for Serials (연속간행물(連續刊行物) 체크인·클레임 시스템의 자동화(自動化)에 관한 연구(硏究))

  • Choi, Won-Tae
    • Journal of Information Management
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    • v.20 no.1
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    • pp.117-138
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    • 1989
  • In this article, the organizational structures of check- in and claim function are examined. The procedure and function of serials control system(CLASSMATE, EBSCONET, LINX, NOTIS, INNOVACQ) are analyzed, particularly in check- in and claim system. A check-in and claim system is suggested through analysis of above serials control systems.

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