Document Type : Review Paper
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Abstract
BACKGROUND AND OBJECTIVES: With the increasing frequency and severity of natural disasters such as earthquakes, floods, storms, and wildfires, the need for effective and efficient insurance coverage to compensate for damages to individuals and property is increasingly felt. In many countries, including Iran, natural disaster insurance is recognized as a key tool for risk management and reducing the financial burden of such disasters. However, numerous challenges in the field of natural disaster coverage, including limitations of the insurer's responsibilities and obligations, weaknesses in insurance contracts, and others, can affect the efficiency of insurance systems. Therefore, the main objective of this study is to identify the responsibilities of insurers in fulfilling their obligations and paying damages resulting from natural disasters and the related challenges.
METHODS: To analyze the responsibilities of insurers for damages caused by natural disasters, existing legal texts, including jurisprudential, legal books, and published domestic and foreign articles, were used. Accordingly, the method of this article was library-based, analytical, and descriptive. First, the jurisprudential and legal foundations and the responsibility of insurers for damages caused by natural disasters were examined, and then the provision of insurance services and the legal challenges faced by insurers in paying damages caused by natural disasters in various countries, including Iran, the United States, the United Kingdom, France, and some other countries, were analyzed.
FINDINGS: Articles 19 to 22 of the Insurance Law stipulate that the insurer is obligated to compensate for damages incurred based on the terms specified in the contract. Despite Article 953 of the Civil Code and extensive efforts to expand insurance coverage, natural disasters still do not receive full compensation under the current insurance framework. In Iran, the burden of proof for the occurrence of an incident lies with the policyholder, which can prolong the damage payment process. In advanced countries like France and the United States, contract transparency and shifting the burden of proof to the insurer facilitate the damage payment process, and official government documents automatically verify these disasters, eliminating the need for independent proof by the policyholder. In these countries, laws are designed in favor of the policyholder, and insurer obligations include compulsory insurance for natural disasters. Additionally, support services in Iran are primarily under the supervision of the government, which faces financial and implementation challenges, and the natural disaster insurance fund collects low premiums. In contrast, in countries like the United States and Japan, commercial insurance is provided with strict government oversight and global standards, resulting in faster and more transparent payments.
CONCLUSION: Iran's approach to natural disaster coverage differs significantly from developed countries such as the United States and France. In Iran, the government plays the main role in covering natural disasters, and the private sector has a smaller role. To improve the status of natural disaster coverage, reforming insurance laws, providing more support for insureds, clarifying obligations, and strengthening the role of the private sector are essential. Learning from the successful experiences of other countries can help improve processes and reduce existing problems in this area.
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