The Impact of Digitalization on Insurance Contract and Insured’s Rights

Glintić, Mirjana (2024) The Impact of Digitalization on Insurance Contract and Insured’s Rights. In: Thematic conference proceedings International Scientific Conference The dynamics of modern legal order (2024 ; Kosovska Mitrovica). University of Priština, Faculty of law : Institute of criminolоgical and sociological research : Institute of comparative law, Kosovska Mitrovica : Belgrade, pp. 101-116. ISBN 978-86-6083-096-0

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Abstract

The author examines the legal implications of using digital technologies in insurance law in the context of protection of insured’s right as a weaker contractual party. The central part of the paper is dedicated to the process of personalization, i.e., the possibility of offering insurance cover that fully corresponds to the needs and profile of the insured, based on data obtained by the insurer while using digital technologies. However, since this process contradicts some of the basic principles of insurance industry, the question arises regarding the protection of the insured’s rights when the personalization has not been conducted adequately, and thus the premium and cover do not meet the needs of the insured that motivated him to conclude an insurance contract in the first place. Comparative legal analysis shows that this issue is still not regulated, indicating that provisions of consumer protection regulations must be applied. This is also the case with the legislation of the Republic of Serbia, where certain answers can be found in the Consumer Protection Law and in the Law on Contract and Torts.

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