Consumer Protection in Insurance Contracts in Palestinian Legislation

Abstract

The study addresses consumer protection in insurance contract in Palestinian legislation based on the Palestinian Consumer Protection Law No. 21 of 2005, and the Palestinian Insurance Law No. 20 of 2005. The study focuses on examining the legal protection of the consumer in the insurance contract at the time of its conclusion, and the scope of this protection, in terms of the content of the insurer’s obligation to inform to protect the consumer in the insurance contract, and the insurer’s penalty in the event of a breach of the duty to inform the insured (the consumer) about information related to the insurance contract. The study also focuses on the legal protection of the insured during the contract implementation stage, as well as the consumer’s option to withdraw from the contract during the contract implementation phase.                                                         

Among the most important findings reached by the study: The Palestinian legislator did not stipulate the duties of the insurer to inform either before or during the contract in the Insurance Law. However, considering insurance contract as a consumption contract, reference can be made to the provisions of the Consumer Protection Law, which may provide protection for the insured as a weak party and guarantee protection of this right in this regard.

Therefore, the insured has the right to obtain accurate and sufficient information about the insurance service and the related conditions. In this case, the insurer’s obligation is an obligation to achieve a result.