The dissertation looks into the problematic of evaluaing the customer's solvency. It specifically focuses on using the Fuzzy logic when calculating the correct value of the third party insurance, as it is a legal requirment by law in the Czech republic, applying to every motor vehical in use. The first part of the dissertation analyses existing calculation system. As there doesn't exist any unifed fiugre table, an indicative price list has been created by using accessible sources. This price list helped to optimalize variable quantity when inventing own model to be put in practice. Suggested solutions have been made by using the MS Excel and MATLAB programs. Newly created models consist of some parameters which havn't been used for the calculations yet, but can help achieve higher objectivity when assessing the insurance figure. The dissertation aims to prove that similar problematics could be successfully solved by applying the Fuzzy logic technic.

Universally complications exist concerning insurance cover for the risks posed by pollution damage. Environmental insurance cover can be procured under first-party or third-party insurance. For the latter, the polluter's statutory or civil liability is required. The determination of liability for compensation, especially delictual liability, remains problematic. The right to the environment in section 24 of the Constitution creates a general duty of care. The introduction of a strict liability regime can be recommended to alleviate the burden of proving fault and contributory negligence. Where there is multiple or cumulative causation or the exact identity of the polluter is unknown, potential solutions regarding the allocation of liability include a pollution-share, joint and several, market-share or, as a last resort, a proportional allocation. Actionable damages should include property damage, pure economic loss, clean-up costs and natural resource damages, including compensation for reduced aesthetic value. Due to the uncertainty and potential magnitude of pollution-related claims, insurers have attempted to avoid or limit these risks by including specific pollution exclusion and limitation clauses in policies. Statutory regulation of policy content and prescribed wording for clauses could address problems relating to the interpretation of policy provisions. Various other issues such as the coverage of gradual pollution, the effect of the various triggers of coverage and the potential long-tail liability of insurer, the lack of information and the unpredictability of the risk cause further complications for both the insured and the insurer. Policies should preferably be issued on a `claims-made' basis linked to retroactive dates. Mandatory third-party insurance to the benefit of a third party should be required within specific high-risk industries, specifically for the benefit of the prejudiced person or an environmental remediation fund. The right of a prejudiced party to claim directly from the polluter's liability insurer should be introduced. Currently, the focus appears to be more on protection and environmental remediation than on civil compensation. There is an urgent need for the development of statutory and civil liability compensation mechanisms and for an increased regulation of insurance policies and practices to ensure effective insurance cover to provide compensation for environmental damage. / Jurisprudence / LL.D.

Universally complications exist concerning insurance cover for the risks posed by pollution damage. Environmental insurance cover can be procured under first-party or third-party insurance. For the latter, the polluter's statutory or civil liability is required. The determination of liability for compensation, especially delictual liability, remains problematic. The right to the environment in section 24 of the Constitution creates a general duty of care. The introduction of a strict liability regime can be recommended to alleviate the burden of proving fault and contributory negligence. Where there is multiple or cumulative causation or the exact identity of the polluter is unknown, potential solutions regarding the allocation of liability include a pollution-share, joint and several, market-share or, as a last resort, a proportional allocation. Actionable damages should include property damage, pure economic loss, clean-up costs and natural resource damages, including compensation for reduced aesthetic value. Due to the uncertainty and potential magnitude of pollution-related claims, insurers have attempted to avoid or limit these risks by including specific pollution exclusion and limitation clauses in policies. Statutory regulation of policy content and prescribed wording for clauses could address problems relating to the interpretation of policy provisions. Various other issues such as the coverage of gradual pollution, the effect of the various triggers of coverage and the potential long-tail liability of insurer, the lack of information and the unpredictability of the risk cause further complications for both the insured and the insurer. Policies should preferably be issued on a `claims-made' basis linked to retroactive dates. Mandatory third-party insurance to the benefit of a third party should be required within specific high-risk industries, specifically for the benefit of the prejudiced person or an environmental remediation fund. The right of a prejudiced party to claim directly from the polluter's liability insurer should be introduced. Currently, the focus appears to be more on protection and environmental remediation than on civil compensation. There is an urgent need for the development of statutory and civil liability compensation mechanisms and for an increased regulation of insurance policies and practices to ensure effective insurance cover to provide compensation for environmental damage. / Jurisprudence / LL.D.

從民國87年所通過的強制汽車責任保險，可發現我國強制汽車責任險的理賠上限與承保範圍等有了重大的改變，造成汽車任意責任險的計算費率必須要重新估算，然而國內對此方面的文獻探討卻著墨不多，因此學生將會針對任意汽車體傷責任險費率釐算詳細加以探討。 而若要重新估計任意汽車責任險首先要做的工作就是要收集完整正確的損失資料，不過由於損失資料的收集相當困難，因此只能透過模擬的損失資料進行任意責任險的費率釐算。而在有模擬的損失資料情況下我們就可透過損失分佈理論進行下列的分析： (1)透過損失資料的特性推估任意汽車責任險可能之損失分佈為Lognormal 分佈。 (2)透過最大概似估計法與特殊法推估Lognormal分佈之參數，並且採用負對數蓋似函數選擇最佳之估計參數。 (3)透過與強制汽車責任險預期損失與汽車任意體傷責任險預期損失之比例關係，釐算汽車任意體傷責任險之純保費。 (4)建立兩種損失趨勢函數，並透過此兩趨勢函數計算汽車任意體傷責任險之高保額係數。 (5)透過上述步驟之計算結果與現行實施之汽車任意體傷責任險費率作比較，以探討是否現行費率是否有超收或不足的現象。 總之，希望此篇論文能夠對未來的汽車任意責任險之費率釐算與保險司費率監督有所幫助。 / Cause the Legislation Yuan passed the compulsory auto liability insurance bill in 1998, we must have a new actuarial pricing of voluntary auto third party insurance. However, all domestic insurers haven’t revised the rate because the absence of the empirical loss data. In addition, only a fewer researches have focused on the actuarial model of this type of insurance. In this paper, we will investigate the pure premium calculation of the voluntary auto insurance, and outline the appropriate model construction procedures. The data we use are not empirical loss data, we calculate the pure premium by the simulated data. The procedures of this study are summarized in the following: (1) Find the possible loss distribution of voluntary auto third party insurance policy. (2) Estimate the parameters of the loss distribution by the maximum likelihood estimate method and the special method of lognormal distribution. (3) Calculation the pure premium of voluntary auto third party insurance. (4) Calculation the increased limits factor(ILF)by two trend functions, and compare the results of two trend functions. (5) Finally, we examine the gross premiums of the voluntary auto third party insurance and compare our results with the actual voluntary auto liability insurance premiums. Altogether, we hope that this paper could be beneficial to the actuaries and also provide suggestions for the government surveillance.

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.