The Exhaustion of the Guargantee Sum in Obligatory Insurance Contracts in the Context of an Insurer’s Debt and Liability Towards the Wronged Party

Abstract

This article discusses a significant but not well researched issue of great import, manifested by the rulings of Supreme Court that refer to the use of rebus sic stantibus clause in insurance contracts. The article discusses the effect of exhaustion of the guarantee sum, i.e. the issue whether this effect relates to the debt and the insurer’s liability towards the wronged party or solely to the insurer’s liability. This question is fundamental in determining whether there exists an obligation for if there is a debt, there is an obligation. If it happens that despite the exhaustion of the guarantee sum the insurer’s debt persists, the rebus sic stantibus can be applied. This principle cannot find an application if the payment made exhausts the guarantee sum and effects an expiry of the obligation regarding the debt and liability.