Document Type : Original Research Paper

Authors

• Zahra Asadi ¹
• Medrick Pirsaheb ²

¹ Assistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

² PhD Graduate, Department of Environmental Law, Faculty of Environment and Energy, Islamic Azad University, Science and Research Branch, Tehran, Iran.

Abstract

BACKGROUNDS AND OBJECTIVES: Employer’s liability insurance, which provides coverage for employers against legal liability for bodily injuries or deaths sustained by employees during the course of employment, is one of the most important fields of liability insurance in Iran’s insurance system. Given its significant role in compensating for work-related injuries and protecting employee rights, the development of clear and comprehensive regulations in this area has consistently been a priority for regulatory bodies. In line with this, the High Council of Insurance, in its meeting dated October 9, 2019 (17 Mehr 1398, Persian calendar), and in accordance with Article 17 of the Law on the Establishment of the Central Insurance of Iran and Insurance Operations, approved the “General Terms and Conditions of Employer’s Liability Insurance” under Regulation No. 98, consisting of 24 articles and 2 notes. This regulation was drafted with the aim of updating, clarifying, and standardizing the previous provisions, and it replaced the former Regulation No. 80, which had faced various criticisms and ambiguities in practice over the years.
Although Regulation No. 98 represents an attempt to address the shortcomings and ambiguities of its predecessor, comparative analyses, expert opinions, and practical experiences in the insurance industry indicate that it still faces conceptual, operational, and legal challenges. These challenges include the lack of precise definitions for key terms, unclear delineation of responsibilities, and legal gaps in the compensation process, which can limit the regulation’s effectiveness in practice. Accordingly, the main objective of this study is to conduct a critical and analytical review of Regulation No. 98 and the insurance policies derived from it, with a focus on identifying the existing gaps, deficiencies, and practical challenges. The study also aims to propose reform strategies and policy recommendations to enhance the technical and legal performance of this branch of liability insurance. Through legal analysis, insurance theory, and empirical observations, this research seeks to contribute to the systematic improvement of current regulations and to support the advancement of employer’s liability insurance services in Iran.
METHODS: This research adopts a descriptive-analytical approach, relying on library resources. First, the provisions of regulation 98 and additional coverages are reviewed. Then, through content analysis of these provisions, the main shortcomings and flaws are identified.
FINDINGS: The employer’s civil liability insurance policy, in terms of its general conditions, is clearly subject to the provisions of Regulation No. 98 of the Supreme Insurance Council, which is recognized as the primary authority for regulating and defining related rules. This regulation, enacted with the aim of resolving ambiguities and amending the deficiencies of Regulation No. 80, despite efforts made to enhance the clarity and effectiveness of the provisions, still contains certain ambiguities and differing interpretations among stakeholders, including policyholders, insurers, and judicial authorities. These ambiguities mainly arise from some vague coverages or imprecise expressions, which have resulted in a lack of uniform and consistent interpretation regarding the rights and obligations of the parties to the insurance contract. This situation has, to some extent, led to legal and technical disputes between the parties and, in certain cases, dissatisfaction and uncertainty concerning the operation of the insurance policy. From this perspective, a more comprehensive and in-depth revision of Regulation No. 98 of the Supreme Insurance Council is increasingly necessary to eliminate ambiguities, facilitate more effective interactions, streamline legal processes, and enhance stakeholder satisfaction. In this revision, it is essential to utilize the expertise of legal, insurance, and industry specialists to not only clarify the provisions more precisely but also establish clear implementation frameworks and dispute resolution mechanisms to prevent recurrence of previous issues
CONCLUSION: Regulation No. 98 of the High Council of Insurance, as a key document governing employer’s liability insurance, requires fundamental revision and reform to more comprehensively and accurately address the evolving and complex needs of the insurance market. The conducted reviews indicate that certain coverages and provisions of the regulation, due to ambiguities in definitions and coverage scope, have led to varied and sometimes contradictory interpretations among policyholders and insurance companies. This situation not only reduces the satisfaction and trust of stakeholders but also has caused legal disputes in some cases. In response to these challenges, several supplementary coverages have been introduced to better cover risks and specific needs of policyholders, however, this measure alone is insufficient. Therefore, a comprehensive revision of the regulation with a critical and participatory approach, incorporating the views of experts, policyholders, and other stakeholders, appears essential. Such a revision can pave the way for improving insurance processes, increasing transparency, and enhancing the quality of services in the field of employer’s liability insurance.

Keywords

• Ambiguities of regulation No. 98 of the supreme
• Insurance council
• Liability insurance employer
• Employees
• Additional coverages

Main Subjects

• Insurance rights