Identifying Regulatory Gaps and Judicial Procedure in Employer's Civil Liability Insurance against Workers and Third Parties Resulting From Construction Operations and Proposing Necessary Amendments

Authors: Zahra Asadi, Medrik Pirsaheb

Coordinator: Insurance Islamic Studies Research Group (2021)

Abstract
Considering that sometimes the damage caused to the worker in construction operations is very heavy and the employer is not able to compensate it, therefore, to compensate the damage caused to the victim (worker or third party), the employer insures his legal responsibility. Although the employer's civil liability insurance policy against workers and third parties in construction operations has been issued by insurance companies for years, but there are still ambiguities, defects and legal abridgements regarding the related legal provisions, this issue lead to different interpretations of regulations as well as different opinions between courts and insurance companies and in some cases, it leads to dissatisfaction of the Policyholder.
Accordingly, In this research project with the topic of "Identifying regulatory gaps and judicial procedure in employer's civil liability insurance against workers and third parties resulting from construction operations and proposing necessary amendments", an attempt has been made to mention: numerous cases regarding the employer's civil liability, in addition to understanding various related issues, the procedure of insurance companies in relation to those issues, the view of the courts regarding the disputes between the insurer and the policyholder, and at the same time the opinions of insurance experts regarding the legal and regulatory gaps about this type of insurance policy and provide solutions to solve the existing gaps. And our goal is to take a step in the direction of the development of this field of insurance.

Keywords: Damage caused to the worker, damage caused to the third party, employer, construction operation, legal procedure in liability insurance