LEGAL PROTECTION OF THE INSURANCED ON INSURANCE AGREEMENTS BY PHONE

PERLINDUNGAN HUKUM TERHADAP TERTANGGUNG PADA PERJANJIAN ASURANSI MELALUI TELEPON

  • Adhimaz Kondang Pribadi
Keywords: Legal Protection, Insurance, By Phone

Abstract

In insurance offers, there are several ways of offering products, including: offerings made by telephone or often referred to in the business world as telemarketing, namely offering or marketing products by telephone. Offering insurance services by telephone, known as telemarketing, currently has the potential to cause legal problems in the future. The problems that will be studied are the legal position of the insurance policy by telephone, the protection of the insured in the insurance agreement and the process of filing a claim and canceling the insurance. This study uses a normative and empirical juridical approach. The results of the study found that the legal position of the insurance policy by telephone / Telemarketing based on Article 255 of the KUHD insurance agreement requires it to be in writing, although Law No. 40 of 2014 does not explicitly explain the insurance policy by telephone, in order to be recognized the legal position must be printed for proof. Legal protection for the insured by telephone is preventive protection and repressive protection. The process of submitting a claim and canceling insurance when submitting a claim, namely: a. complete the form for filing an insurance claim, then include various original documents related to the submission of the insurance claim itself, b. cancellation can be done by contacting the insurance company through customer service during the Cooling Off period, but according to researchers what must be considered is the method of offering insurance products through telemarketing is a lot of harm to consumers/insured how not too short an explanation over the phone results in the insured not having time to learn the contents of the policy then the conversation made by the insured is considered by the insurance company as an agreement is an act that violates the consensus in the agreement.

Published
2021-07-18