How to avoid the traps of an insurance or repatriation contracts where "war risks" or "country at war " exist ?
The danger for the insured person is that the insurances Company interprets in its favour this contractual exclusion, to exempt itself from its obligations.
The dispute will occur due to the lack of information concerning the countries with war risk in the contract .
To fight against this, several means are available :
- Define in the contract, with appropriate clauses, the list of the countries concerned by your travel.
- Widen the guarantees to war risks and terrorism.
- Define the risks of war and terrorism
- Widen these risks to events related to chemicals - bacteriological
mercredi 27 janvier 2010
WAR
Who identifies a country as in a "war situation". What is the value of this list? Who is a reference in this domain?
For the list of countries in a "war situation", let us quote:
The Ministry of Foreign Affairs. But which one? That of the subscriber of the contract or the beneficiary? That is the country of nationality of the concerned person?
But also - some specialized sites or tour operators - French Institute of the International Relations-
But none Insurer, in France or in Europe, makes reference to a list or to a precise site to define countries at war, they use definitions or vague approaches, thus contractually dangerous for the insured.
What about the dramatic difficulties, that number of persons in movement in countries with a presence of sub-ammunition knows? Areas not cleared of mines (Cambodia or Angola) - Where populations are excessively armed? (Liberia) -Militias having known a conflict sometimes for more than 10 years (Liban or Mindanao in Philipinnes)
For the list of countries in a "war situation", let us quote:
The Ministry of Foreign Affairs. But which one? That of the subscriber of the contract or the beneficiary? That is the country of nationality of the concerned person?
But also - some specialized sites or tour operators - French Institute of the International Relations-
But none Insurer, in France or in Europe, makes reference to a list or to a precise site to define countries at war, they use definitions or vague approaches, thus contractually dangerous for the insured.
What about the dramatic difficulties, that number of persons in movement in countries with a presence of sub-ammunition knows? Areas not cleared of mines (Cambodia or Angola) - Where populations are excessively armed? (Liberia) -Militias having known a conflict sometimes for more than 10 years (Liban or Mindanao in Philipinnes)
WAR RISK ?
Main rule: all the insurance policies of all the Companies exclude war risks, term which evolves according to the participants : insurance companies or repatriation companies - Employment law - Mutual insurance companies etc. we can thus talk about interpretation more than definitions.
Legally, the war is a conflict between two States. What about the 50 countries or war zone that the UNO counts today? The conflicts between States are a minority, in most cases we are talking about civil war (or terrorism) thus located in the country itself between two factions (sometimes more) rivals.
AFGHANISTAN whose everyone knows through the media that it is a country at war, in fact is not in accordance with the French definition of war, as it's about Military belligerent of foreign States on one side and Afghans of the other one.
Legally, the war is a conflict between two States. What about the 50 countries or war zone that the UNO counts today? The conflicts between States are a minority, in most cases we are talking about civil war (or terrorism) thus located in the country itself between two factions (sometimes more) rivals.
AFGHANISTAN whose everyone knows through the media that it is a country at war, in fact is not in accordance with the French definition of war, as it's about Military belligerent of foreign States on one side and Afghans of the other one.
lundi 18 janvier 2010
HAITI: from urgency to urgency
From the day after the earthquake, NGO(NON-GOVERNMENTAL ORGANIZATION) got organized in the departure of their first missionaries. Exploratory mission, mission of evaluation, first-aid mission, country hospital and surgical plateau implementation, etc. …
In a few days, several tens of persons left, either directly to Port aux Princes, or indirectly by St Domingue.
In front of the disaster, the human and material consequences of the earthquake in Haiti, and the scope of it , a question remain for the NGO : the safety of their expatriates.
Often, the recruitment realized in a short period of time does not allow a deep analysis of the status or the nationality of the person leaving in mission. Urgency orders everything.
Thanks to MBA insurance and rapatriement plan, these situations are taken into account :
Sanitary situation: in addition to previous risks of epidemic and tropical diseases specific to HAITI, diseases related to maximum insalubrity occur.
Risk situations : in addition to previous risk of insecurity related to the endemic poverty of this country, others risks appear : the collapse of buildings built in Port aux Princes and the other close cities, the search at all costs for foodstuffs or for a simple bottle of drinking water sometimes the weapon in hand, in the riots of the hunger, make a major insecurity reign for all.
Political situation: airport infrastructures completely saturated under Americans command - inaccessible harbour and destroyed cranes - lack of the Haitian police - partially destroyed hospital - lack of medical staff - etc. …
Our partner the company ACE Assistance – used to difficult situation notably because of the location of our insured in difficult, isolated or in war places of the planet – immediatly set up a emergency unit - set up procedures of evacuation in Haiti itself and in St Domingue, -strengthened its medical and logistic presence in these two countries, in contact with the French MAE as well as the European Community.
Our partner AMARANTE International - specialised in security issues and of the vulnerability of the staffs abroad - in dialogue with the Support organization and our customers NGO(NON-GOVERNMENTAL ORGANIZATION) and OSI - being able to intervene within 24 hours on zone, to help and face the most complex situations as well as the most dangerous, and to insure the safety of the persons or their evacuation of the country of mission.
Michel BOUZIAT
In a few days, several tens of persons left, either directly to Port aux Princes, or indirectly by St Domingue.
In front of the disaster, the human and material consequences of the earthquake in Haiti, and the scope of it , a question remain for the NGO : the safety of their expatriates.
Often, the recruitment realized in a short period of time does not allow a deep analysis of the status or the nationality of the person leaving in mission. Urgency orders everything.
Thanks to MBA insurance and rapatriement plan, these situations are taken into account :
Sanitary situation: in addition to previous risks of epidemic and tropical diseases specific to HAITI, diseases related to maximum insalubrity occur.
Risk situations : in addition to previous risk of insecurity related to the endemic poverty of this country, others risks appear : the collapse of buildings built in Port aux Princes and the other close cities, the search at all costs for foodstuffs or for a simple bottle of drinking water sometimes the weapon in hand, in the riots of the hunger, make a major insecurity reign for all.
Political situation: airport infrastructures completely saturated under Americans command - inaccessible harbour and destroyed cranes - lack of the Haitian police - partially destroyed hospital - lack of medical staff - etc. …
Our partner the company ACE Assistance – used to difficult situation notably because of the location of our insured in difficult, isolated or in war places of the planet – immediatly set up a emergency unit - set up procedures of evacuation in Haiti itself and in St Domingue, -strengthened its medical and logistic presence in these two countries, in contact with the French MAE as well as the European Community.
Our partner AMARANTE International - specialised in security issues and of the vulnerability of the staffs abroad - in dialogue with the Support organization and our customers NGO(NON-GOVERNMENTAL ORGANIZATION) and OSI - being able to intervene within 24 hours on zone, to help and face the most complex situations as well as the most dangerous, and to insure the safety of the persons or their evacuation of the country of mission.
Michel BOUZIAT
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