This thesis examines approaches to establishing liability in corporate groups. It considers the problem that arises when an insolvent subsidiary's tort creditors suffer personal injury, and try to pursue recourse against other group companies - especially the parent company. Courts have tried to provide answers regarding the parent company's liability for the torts of their subsidiaries, but have had limited success. The thesis reveals difficulty in extending liability to the parent company by way of insolvency law provisions, and by piercing the corporate veil. It recounts the hesitation of the courts in broadening their perspective beyond individual companies, so as to take the group itself as the responsible entity. The thesis points, furthermore, to shortcomings in proposals for a new rule of unlimited pro rata liability. Motivated by the inadequacy of current solutions to this pressing group problem, the thesis explores alternative tort law remedies under an approach suggested by the Supreme Court in the leading cases of VTB Capital Plc v Nutritek International Corp and others and Prest v Petrodel Resources Ltd. Chapter III discusses the role of tort of negligence in establishing the parent company's liability. The work analyses case law decisions on how to widen the application of negligence in the corporate group context, and compares UK law with relevant United States' and Australian case law. Since this group problem involves multiple legal entities, Chapters IV and V evaluate the possibility of using the doctrine of joint tortfeasance and/or the theory of vicarious liability in establishing the parent company's liability for its subsidiary company's torts. These two doctrines' extensions in corporate tort cases are seldom discussed in the literature. To conclude, tort law solutions, especially the doctrines of tort of negligence and joint tortfeasance based on participations are recommended to be further developed for corporate tort problems.

222 Methodology for Determination of General Damages in Personal Injury Cases Abstract The thesis examines to what extent the Methodology for Determination of General Damages in Personal Injury Cases (published by the Czech Supreme Court) meets the requirement of Section 2958 of the Czech Civil Code and its explanatory memorandum requesting that fair and just compensation is provided in personal injury cases. Detailed analysis is applied to the process of creating the Methodology, as well as to its individual rules, addressing, consecutively, the compensation of pain and suffering, of "other non-material harm" (a new legal concept under Czech law) and of lowered quality of life. Legal and logical conclusions regarding effects of the respective rules on the amounts of general damages are substantiated also by concrete statistical data, including data on the average amount of compensation for pain and suffering, and for lowered quality of life in the years 2010-2019. Based on detailed analysis of individual Methodology rules and of the statistical data, the thesis draws a conclusion that the Methodology, in its current form, is not in line with aim of the legislator to provide fair and just compensation in personal injury cases. Therefore, targeted solutions of the respective issues are presented. For the...

Damages for personal injury The diploma thesis focuses on the analysis and evaluation of the recodified legal regulation on damages for non-pecuniary loss arising from personal injury in the light of its comparison with the relevant English common law. On the background of the historical evolution of the method for assessing the amount of damages for non-pecuniary loss arising from personal injury, as well as through the comparison of Metodika Nejvyššího soudu k náhradě nemajetkové újmy při ublížení na zdraví (bolest a ztížení společenského uplatnění podle § 2958 občanského zákoníku) with Guidelines for the Assessment of General Damages in Personal Injury Cases, the diploma thesis arrives at a conclusion in favour of the development and application of the former, which it deems to have been a suitably chosen pre-emptive measure that would allow Czech legal practice to approach damages for non-pecuniary loss arising from personal injury in a consistent and proportionate fashion right from the moment of the coming into effect of Act No. 89/2012 Coll., the Civil Code, without having to overcome a period of relative legal uncertainty, during which standardised amounts of damages would have been developed through judicial practice, as was the case in the English common law. As regards the...

The growing trend of insurance fraud continues to cost US consumers billions of dollars a year through increased premiums. In 2015, the Coalition Against Insurance Fraud estimated the cost of insurance fraud as being at least $80 billion dollars a year. Even though an increasing number of criminals are drawn to the low risk, high reward of insurance fraud, little criminological literature has explored this topic and the public remains relatively unaware of the extent of the problem. One alarming aspect of insurance fraud is the involvement of organized criminal groups. These organized criminal enterprises are formed for the sole purpose of defrauding the insurance industry. Often, these enterprises are believed to have ties to traditional organized criminal groups, such as the Italian Mafia or the Russian Mob. In order to combat these criminal organizations, it is important to understand the behavior and motivation of such groups. The present study aims to analyze the generally held belief throughout the insurance industry that organized insurance fraud rings are more likely to operate in states with mandatory Personal Injury Protection (PIP) policies. This analysis was conducted by examining staged automobile accidents reported to the National Insurance Crime Bureau. The results of this analysis were mixed. Although a larger percentage of states with mandatory PIP displayed higher staged accident rate, some mandatory PIP states did not, and multiple non-PIP states also demonstrated a high staged accident rate. In an attempt to better understand this crime, further criminological research is needed.

198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...

Florida is one of 12 states that have a no-fault law. The first party benefit coverage is known as personal injury protection (PIP). Every policy sold in the state must include at least $10,000 in personal injury protection. This law went into effect in 1971 and is now being challenged. Changes in consumer, lawyer, and doctor behavior as well as changes in the legal and economic environment have diminished the positive impact of the no-fault law. This thesis will focus on the diminished effectiveness of the no-fault law in Florida. It will be based on research from primary sources. Other legal resources including law review articles and journal publications were consulted for persuasive scholarly views. Published work from insurance institutes and journals were included since they guide practitioners on the application of the law. Insurers, insureds and policymakers face serious challenges regarding Florida Motor Vehicle No-Fault Law. The purpose of this thesis is (1) to review the legislative history of Florida Motor Vehicle No-Fault Law, (2) to assess how well the current system is working (3) examine solutions to compensation from other states and provide relevant data and (4) make recommendations for future legislation. This thesis will recommend proposed changes with guidelines for future legislation to effect the changes necessary to balance the needs of the insurance companies, plaintiffs and defendants.

Obligation to compensate for personal injury in connection with provision of health care This dissertation is focused on the obligation to compensate for personal injury in connection with the provision of health care. The aim of the dissertation is to analyse relevant general elements of the obligation to compensate for personal injury as well as relevant special elements of such obligation. The dissertation surveys the interpretation of conceptual changes related to the recodification of Czech private law in the area of tort law in connection with the provision of health care. Legal basis of the doctor-patient relationship will also be analysed because such analysis is crucial for determination which elements of the obligation to compensate for personal injury will regularly be applied in this field. Therefore, the first chapter is devoted to the legal nature of the doctor-patient relationship. The second chapter deals with the obligation to compensate for personal injury caused by the provision of health care, i.e. with the definition and analysis of relevant elements of such obligation in this field. The third chapter is focused on the wrongfulness as one of the significant elements of the obligation to compensate for personal injury; substantial attention of this chapter is aimed at the...

Os objetivos deste trabalho foram analisar as informações contidas nas apólices de dano à pessoa em processos de sinistros de seguradoras, e propor melhorias para o atendimento de traumatizados portadores desse tipo de produto. Foram descritas as informações sobre o perfil do segurado - sexo, faixa etária e ocupação -; características do trauma - como local e etiologia do dano -; características da lesão e dos tratamentos reabilitadores; adequação dos tratamentos propostos, dos honorários e da documentação. Foram elencadas as falhas detectadas nas apólices cuja documentação apresentava-se insuficiente. O estudo abrangeu 151 processos, dos quais 132 constituiam-se em Avisos de Acidente (iniciais) e 19 em Avisos de Continuidade. Quanto aos tipos de seguros, 124 eram de Seguro Escolar, 07 de Afastamento Profissional e 01 de DPVAT. Nos processos, 84 (63,64%) segurados eram do sexo masculino e 48 (36,36%) do sexo feminino; a faixa etária predominante foi a compreendida entre 6 e 10 anos, com 42 (31,82%) casos; o local de maior ocorrência foi a área escolar (57 = 43,18%). Na etiologia do dano constatou-se que 59 (44,70%) acidentes aconteceram durante locomoções, 34 (25,76%) em atividades lúdicas, 18 (13,64%) em práticas esportivas e 16 (12,12%) em ambiente doméstico, nos três últimos dos quais as quedas ocorreram com maior freqüência. Os dados de lesões referem-se tão somente aos Avisos de Acidentes, nos quais predominaram as fraturas coronárias simples, com 94 ocorrências, e 21 acidentes geraram lesões associadas de tecidos duros e tecidos moles. Da mesma forma, os tratamentos reabilitadores só contemplam os Avisos de Acidentes, nos quais prevaleceu a dentística (112). Na análise da adequação de tratamentos propostos, dos 151 processos, 133 estavam adequados e 18 inadequados. Quanto aos honorários profissionais, 89 apresentaram valores satisfatórios e 55, valores acima dos usuais. Os 7 processos restantes eram de Afastamento Profissional, nos quais não são avaliados os custos de tratamento e sim o tempo de restabelecimento. Em relação à adequação da documentação, 74 estavam adequados e 77 não completaram a documentação requisitada. Dentre os inadequados, a principal falha foi a ausência de radiografias iniciais e/ou finais. / This dissertation aims at analyzing the data on accident claims in personal injury policies from insurance companies and at proposing improvements on the treatment of injured people who hold this kind of product. The study describes information related to the insured profile (gender, age and occupation), to the trauma (such as the place and etiology of damage), the lesion and rehabilitation treatment characteristics, as well as whether proposed treatments were adequate for the fees charged and for the documentary evidence submitted. Errors identified in policies with insufficient documentation were also listed. The study encompassed 151 claims, 132 of which were Notification of Accidents (Initial Claims) and 19 were Notification about the Eligibility for Continuity of Care. As for the kinds of insurance, 124 related to School Accident Insurances, while 07, to Professional Leave, and only 01 related to Motor Vehicle Personal Injury Insurance. In those claims, 84 (63,64%) insured were male, whereas 48 (36,36%) were female; the main age group ranged from 6 to 10 years old, totalizing 42 cases (or 31,82%). Schools were the place where the greatest number of accidents (57 = 44,53%) occurred. In the etiology of damage, it was observed that 59 accidents (44,70%) occurred during locomotion movement, 34 cases (25,76%) in playing, 18 (13,64%) during the practice of sports and 16 (12,12%) at home. In the last three types, fall accidents occurred more frequently. As for the kind of lesion, the simple fracture crown prevailed in 94 cases, whereas in 21 accidents, it were hard and soft associated lesions. In the rehabilitation treatments, dentistry prevailed in 112 proceedings. As for the suitability of proposed treatments, out of 151 claims, 133 were adequate whereas 18 were not. As far as fees for professional services were concerned, 89 were considered satisfactory, while 55 were considered overcharged. The last 7 claims were related to Professional Leave, and so what is assessed is the time to recovery and not the treatment costs. In relation to documentary evidence, 74 claims submitted proper documents, while 77 did not. The latter main error was that initial and /or final radiographic documentation was not sent to the insurance companies.

Os objetivos deste trabalho foram analisar as informações contidas nas apólices de dano à pessoa em processos de sinistros de seguradoras, e propor melhorias para o atendimento de traumatizados portadores desse tipo de produto. Foram descritas as informações sobre o perfil do segurado - sexo, faixa etária e ocupação -; características do trauma - como local e etiologia do dano -; características da lesão e dos tratamentos reabilitadores; adequação dos tratamentos propostos, dos honorários e da documentação. Foram elencadas as falhas detectadas nas apólices cuja documentação apresentava-se insuficiente. O estudo abrangeu 151 processos, dos quais 132 constituiam-se em Avisos de Acidente (iniciais) e 19 em Avisos de Continuidade. Quanto aos tipos de seguros, 124 eram de Seguro Escolar, 07 de Afastamento Profissional e 01 de DPVAT. Nos processos, 84 (63,64%) segurados eram do sexo masculino e 48 (36,36%) do sexo feminino; a faixa etária predominante foi a compreendida entre 6 e 10 anos, com 42 (31,82%) casos; o local de maior ocorrência foi a área escolar (57 = 43,18%). Na etiologia do dano constatou-se que 59 (44,70%) acidentes aconteceram durante locomoções, 34 (25,76%) em atividades lúdicas, 18 (13,64%) em práticas esportivas e 16 (12,12%) em ambiente doméstico, nos três últimos dos quais as quedas ocorreram com maior freqüência. Os dados de lesões referem-se tão somente aos Avisos de Acidentes, nos quais predominaram as fraturas coronárias simples, com 94 ocorrências, e 21 acidentes geraram lesões associadas de tecidos duros e tecidos moles. Da mesma forma, os tratamentos reabilitadores só contemplam os Avisos de Acidentes, nos quais prevaleceu a dentística (112). Na análise da adequação de tratamentos propostos, dos 151 processos, 133 estavam adequados e 18 inadequados. Quanto aos honorários profissionais, 89 apresentaram valores satisfatórios e 55, valores acima dos usuais. Os 7 processos restantes eram de Afastamento Profissional, nos quais não são avaliados os custos de tratamento e sim o tempo de restabelecimento. Em relação à adequação da documentação, 74 estavam adequados e 77 não completaram a documentação requisitada. Dentre os inadequados, a principal falha foi a ausência de radiografias iniciais e/ou finais. / This dissertation aims at analyzing the data on accident claims in personal injury policies from insurance companies and at proposing improvements on the treatment of injured people who hold this kind of product. The study describes information related to the insured profile (gender, age and occupation), to the trauma (such as the place and etiology of damage), the lesion and rehabilitation treatment characteristics, as well as whether proposed treatments were adequate for the fees charged and for the documentary evidence submitted. Errors identified in policies with insufficient documentation were also listed. The study encompassed 151 claims, 132 of which were Notification of Accidents (Initial Claims) and 19 were Notification about the Eligibility for Continuity of Care. As for the kinds of insurance, 124 related to School Accident Insurances, while 07, to Professional Leave, and only 01 related to Motor Vehicle Personal Injury Insurance. In those claims, 84 (63,64%) insured were male, whereas 48 (36,36%) were female; the main age group ranged from 6 to 10 years old, totalizing 42 cases (or 31,82%). Schools were the place where the greatest number of accidents (57 = 44,53%) occurred. In the etiology of damage, it was observed that 59 accidents (44,70%) occurred during locomotion movement, 34 cases (25,76%) in playing, 18 (13,64%) during the practice of sports and 16 (12,12%) at home. In the last three types, fall accidents occurred more frequently. As for the kind of lesion, the simple fracture crown prevailed in 94 cases, whereas in 21 accidents, it were hard and soft associated lesions. In the rehabilitation treatments, dentistry prevailed in 112 proceedings. As for the suitability of proposed treatments, out of 151 claims, 133 were adequate whereas 18 were not. As far as fees for professional services were concerned, 89 were considered satisfactory, while 55 were considered overcharged. The last 7 claims were related to Professional Leave, and so what is assessed is the time to recovery and not the treatment costs. In relation to documentary evidence, 74 claims submitted proper documents, while 77 did not. The latter main error was that initial and /or final radiographic documentation was not sent to the insurance companies.

隨著科學及社會經濟的進步，人類所遭受的外來意外傷害事故日漸增多。根據台灣保險事業發展中心針對人壽保險業被保險人死亡原因的調查結果顯示，意外事故高居第二位，亦因如此，國人對於傷害保險之潛在需求日益增長。時至今日，傷害保險已與傳統的人壽保險、產物保險成鼎足之勢。然而，因傷害保險理賠爭議涉訟的件數亦隨之增加，亦表示傷害保險本身同時也存在著許多爭議，實有研究之必要與價值。根據目前傷害保險的理賠爭議分析，大多集中於意外傷害認定相關的爭議問題，即「意外傷害」構成要素的意涵、因果關係及舉證責任的分配等。本文的主軸亦集中於此三項爭議問題作探討。 傷害保險事故為何及是否發生，影響保險人是否應負保險金給付責任，故如何認定傷害保險之保險事故即屬重要，亦為保險法第一百三十一條規範之主要目的，實有探究之必要。而除了傷害保險之保險事故應如何認定之外，認定損害之發生是否係導因於傷害保險之保險事故，亦即傷害保險之保險事故是否與損害之間具有因果關係，亦為是否須使保險人負保險金給付責任之要件之一，自亦應予說明。又訴訟中，應由何人就引起損害之事故屬於傷害保險之保險事故負舉證責任，亦影響當事人及利害關係人之權益甚深，實有討論之必要。是以，本文即針對傷害保險事故之認定，因果關係之判斷及傷害事故之舉證責任分配為分析，並附帶說明保險實務目前對於傷害保險常見之爭議問題所持之見解和趨勢。