AIM The objective of this study is to determine factors that may contribute to hospital admissions in a cohort of medically insured South African patients in the era of HAART. METHODS This was a retrospective cohort of all HIV-positive adult and paediatric patients enrolled on a medical aid disease management programme in South Africa over a period of three years. Patient-specific demographic and clinical information were obtained from the medical aid records. Survival analysis was used to analyse time to first admission looking at admissions occurring after enrolment to the programme, during the study period of between 01 January 2006 and 31 December 2008. Only the right censored cases were included in the analyses. Descriptive analyses were conducted on the key prognostic factors. Variables that were significant in the univariate were considered in the multivariate Cox proportional hazards model. RESULTS A total of 8440 patients were included in the analysis. Half of these patients had at least one admission during the observation periods with 43.28% having had 2 or more admissions. The average admission rate was 2 admissions per patient over the 36 month observation period. Young children, adolescents and the very old (> 60 years) were significantly more likely to be admitted than the middle age groups, HR = 1.30 [95%CI 1.21 -1.40] p<0.01, 1.24 [95%CI 1.10 – 1.41] and 1.13 [95% CI 1.10 – 1.27] p<0.01 respectively. Low CD4 cell counts of < 200 cells/ µL were significantly associated with a higher likelihood of hospitalizations with hazard ratios even greater for CD4 cell counts of less than 100 cells/ µL, HR= 1.34 [95%CI 1.29 – 1.39], p<0.01. Cases were more likely to be admitted by a clinical haematologist or gynaecologist than by other specialist categories.HR =1.58 [95%CI 1.29 –1.94] and 1.17[95%CI 1.08 – 1.27] respectively with p<0.01. CONCLUSION Factors that are associated with hospital admissions in this private sector, medically insured population are a younger and older age, low CD4 cell counts and admission by a clinical haematologist and gynaecologist. These results suggest that disease management strategies should be intensified for the younger and older age groups. All HIV-positive patients should be closely monitored for CD4 deterioration so that treatment is initiated timeously. Routine haematological investigations should be recommended for all HIV-positive patients in order to pick up and treat haematological conditions before they result in a hospital admission. Evidence based guidelines, outlining the place of caesarian section deliveries in the HIV population, should be developed for use by gynaecologists specifically in the private sector. Copyright / Dissertation (MSc)--University of Pretoria, 2011. / Clinical Epidemiology / unrestricted

Liability insurance concerns an insured’s insurance of its legal liability towards a third party for the latter’s loss. This specialised type of insurance is rather neglected in South African insurance law. There is a lack of understanding of the intricacies of liability insurance and its unique challenges. This flows primarily from its complex nature as third-party insurance, which involves legal obligations between multiple parties, and a lack of statutory regulation of the distinctive contractual aspects of liability insurance. Furthermore, limited authority exists on contentious legal aspects as a result of the relatively small number of judicial decisions in this field of law. It is also evident that liability insurance constantly evolves as new grounds of liability emerge and new insurance products develop in response to the changing demands of society. The rise of consumerism and the increase in third-party claims amplify the economic significance of the law of liability insurance in South Africa. A substantial knowledge gap remains in our jurisprudence, irrespective of the recent introduction of new statutory instruments aimed at regulating insurance practice in general. These reforms have not as yet been applied critically to liability insurance, and no specialised legislation in South Africa regulates aspects of this branch of insurance as is the case with microinsurance. The focus in this thesis is on two main issues: the insurer’s duty effectively to indemnify the insured, and the insurer’s defence and settlement of third-party claims brought against the insured. As a subsidiary theme, this thesis analyses legal uncertainties that may persist during pre-contractual negotiations, the liability insurance contract lifecycle, and even after the expiry of the contract. Legal challenges can be addressed by novel and creative application of the national law. Potential solutions can be gleaned from the other progressive jurisdictions reviewed – English and Belgian law. It is evident that this research may prompt Parliament to develop specific rules and regulations for liability insurance contract law. This thesis includes a check list of some of the most important disclosure duties for procuring liability insurance cover, its operation, and claims processes. / Mercantile Law / LL.D.

論文摘要： 汽車為現代人不可或缺之交通工具，汽車責任保險關乎社會大眾權益甚巨，不僅僅是保險人與被保險人兩者之間保險契約之關係，尚且關乎汽車意外事故受害第三人之權利，而每個人都有可能成為汽車意外事故之受害第三人。故保障受害第三人之權益即是保障多數人之權益。為使受害第三人之權益能獲得充分周全之保障，於汽車責任保險之中，創立受害第三人直接請求權制度，實不失為一良法。然而於我國無論是強制汽車責任保險受害第三人直接請求權制度抑或是任意汽車責任保險受害第三人直接請求權制度，均存有若干疑義及缺失，因而引發筆者研究動機。本文之研究方法為(1)、比較法研究及(2)、邏輯架構分析法。將全文分成七章予以論述，主要之研究內容為，以責任保險之意義、思潮及功能為開端，進而論述責任被保險人之保險給付請求權及受害第三人之直接請求權並闡述責任被保險人、責任保險人與受害第三人三者彼此之關係及保險給付請求權與直接請求權競合之處理，並進一步檢視我國現行關於受害第三人直接請求權法令規範之缺失，參酌外國立法例及學說，提出改進建議，期能使我國之受害第三人直接請求權制度，邏輯趨於圓滿一致，以杜絕適用疑義，廣增大眾福祉。 / Abstract： An automobile has become a necessary transportation vehicle for modern people. The automobile liability insurance plays an important role on everyone’s rights in our society. The insurance contract doesn’t only signify the relationship between an insurer and the insured , but also refers to the injured third party’s rights during the automobile accident. Because everyone may become a possible automobile accident injured third party, to protect the injured third party’s right means to protect everybody’s citizenship. In order to preserve the injured third party’s right exactly and sufficiently, it is a good method to establish the legislation system empowering the injured third party possessing the authority to exert the automobile liability. However, as far as the injured third party’s action is concerned, there are flaws and imperfection in the system of compulsory automobile liability insurance and optional automobile liability insurance in our country. That is the motivation of this study and the reason why the author draws this paper. The research methods of this paper are the comparative method and the logic framework analysis method. This paper is consisted of seven chapters. The major content of this paper begins with the significance, development and function of the liability insurance. Then, this paper will discuss the right of the liability insured’s payment claim and the injured third party’s direct action, analyze the relationship among the liability insurer, the liability insured and the injured third party, and exposit how to handle the conflict between the right of the liability insured’s payment claim and the injured third party’s direct action. Furthermore, it is important to inspect the imperfection of the current laws and regulations of the injured third party’s direct action in Taiwan. After considering the spirits of the foreign country’s laws, the researcher will pose and recommend the improving methods for the law system of the injured third party’ direct action in our country. The suggestions try to make the law system more coherent and more logical, to eradicate the mess situation in practice, and to fortify the public welfare.

保險制度的經濟效能係在確保保戶經濟生活之安定，倘若保險業者經營不 善以致失卻清償能力，則不僅保戶權益受損，亦會造成社會及經濟不安定 ，有鑑於此，美國於西元一九三五年創設保險安定基金制度，至今，各國 亦紛紛設立此制度。由各國經驗可知，事前防範措施（如保証金之提存、 邊際清償能力標準之訂定、資金運用之規範等）雖可減低保險人失卻清償 能力的機率，但仍無法保証不發生失卻清償能力事件，故有賴事後救濟措 施為之補救，我國於民國六十三年已設立人壽保險業安定基金，但於民國 七十年底因基金累積已達總額而停徵，之後，於民國八十一年修正保險法 時，明訂保險安定基金之設置，自此，我國保險公司如經營發生危機，危 害保戶權益時，保戶即可依一定程序向保險安定基金求償，使投保大眾的 權益多一層保障。 Guaranty Fund in Taiwan

本文以法律之角度去探討財產保險保險金受領權人變動，所牽涉之變動目 的、構成要件與效果之問題。論文概分為兩大部份，第一部份為討論因法 律規定所致之受領權人變動情形，下分為四小部份，而分別以買賣契約關 係、抵押權關係、保留所有權買賣契約關係以及讓與擔保關係，去審視我 國保險法第十八條與民法第八八一條規定之適用情況與妥當性。第二部份 則討論因當事人意思表示所致之變動情形，下亦分為四小部份，受益人指 定、抵押權條款、保險金債權之讓與擔保以及保險金債權之質權設定， 討論其成立要件與效果。 / This thesis research the alternation of property insurance payee from law angle. Include two part. First, is alternation by law, research the Insurance Law §18 and Civil Law §881 by sale relation, mortgage relation, conditional sale relation, and lien relation. Second, is alternation by contract, include loss payee clause, mortgage clause, assign insurance proceeds for lien, and lien of insurance proceeds.

Research object: the system of state social insurance. Research aim: to evaluate the state social insurance system and forecast it’s prospects. Objectives: to present a general conception of the state social insurance system; to determine a dependency of different welfare state traditions and the state social insurance system; to determine administration and financing means of the entire system; to analyze the state social insurance system in Lithuania; to evaluate the trends of the state social insurance in Lithuania and implemented reform of the system; to foresee long-term and short-term perspectives of state social insurance system. Research methods: descriptive and graphical, data systemization methods, comparative analyses, logic analyses and syntheses, analysis of literature and practical experience of individual countries. Study of periodical literature by different authors as well as legislative base on the state social insurance system’s activity helped to determine problems of this system, methods of their solution, prepare forecasts of the state social insurance development.

This diploma thesis deals with insurance protection of permanent health consequences caused by illness or in case of injury. The aim of this work was to make an analysis of the offer of accidental injury insurance in the insurance market from the potential insurance applicants? point of view and also to identify the right combination of this kind of insurance with disability pension. In this work, four best insurance products offered in the Czech market are in detail described ? Pesrpektiva 7BN insurance by Kooperativa, Flexi insurance by Česká spořitelna, Benefit and Genio insurance by Generali Pojišťovna. A simulation applied to each of the products was made and analyzed. If a client follows the simulated model, he or she should be well insured. Using the methods of multi-criteria classification (method of rank, method of points, method WSA and method TOPSIS), the best product for potential applicants has been identified. The best option seems to be the insurance product Perspektiva 7BN offered by insurance company Kooperativa.

Acteur essentiel du droit de la santé, le patient est au cœur du système de santé français. Néanmoins, l'assurance maladie, financeur du système de santé, est très souvent éludée lorsqu'il s'agit de s'interroger sur le patient. Or, c'est la figure même du patient assuré social qui émerge du système de santé. Aussi, les articulations entre le droit de la santé et de l'assurance maladie soulèvent des questions. Par ailleurs, le patient assuré social est également titulaire de droits qui semblent avoir pour corollaire des obligations. La compréhension de l'articulation de ces droits au regard du droit de la santé et de l'assurance maladie paraît inéluctable tout comme la nécessaire recherche et qualification d'obligations. C'est ainsi une certaine vision de notre système de santé qui se dégage de la recherche de ces normes applicables. / As an essential character in the health care law, the patient is the cornerstone of the French health care system. But the French Health Insurance, which is the financial base of this system, is often ignored in the studies dedicated to the patient. Nevertheless, a real concept of an insured patient has emerged from the French health care system. Consequently, the connections between health care law and health insurance law have to be questioned. Furthermore, the rights owned by this insured patient seem to have corollary duties ; understanding the combinations between these rights under the health care law and health insurance law is unavoidable, as well as the necessary research and qualification of related duties. In the end, it appears that the research of these rules reveals a particular conception of the health care system.

The goal of this diploma thesis is to determine the insurance payment that should be paid to the insured person in case of fire of a detached house in Louka. The theoretical part defines basic terms related to valuation of real estates and insurance industry. The following practical part focuses on the valuation of the immovable property in Loučka using the cost approach in three different periods of time. Subsequently the expenses for repairs are determined by using the method of itemized budget, using BUILDPower S. Lastly the determined insurance payment is compared to the insurance contract.

The diploma thesis deals with innovations selected insurance products and their alternatives. The theoretical part describes the insurance market and development of insurance in the Czech Republic, defines important terms as a coincidence, insured event, insurance products, risk and legal norms in the insurance. In the practical part is an analysis of the selected insurance company and its competitors. On the basis of obtained information are selected insurance products compared. In the proposal part are recommended changes for existing insurance products of the selected insurance company in terms of their content and coverage of risk in the unexpected event. The partial aim is the proposal an alternative insurance product for selected insurance company, which could arise in the future in its range of insurance products.