Insurance (401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 415, 416, 417, 418, 419, 422, 678, 667,-666)

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Keywords: Insurance
Total judgments found: 47

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• Judgment 770

  
  59th Session, 1986
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant was injured in an aircraft accident while on an official mission. He sought compensation from the airline whose plane had caused the accident. The airline agreed to conclude a reasonable settlement. The complainant never disclosed the amount of the payment made to him. Under the circumstances, the Tribunal holds that it was proper for the organization to deny the complainant further benefits. Indeed, paragraph 32 of aAnnex E to the WHO Manual releases the compensation scheme from the obligation to make payments to a staff member who has obtained satisfaction through a third party.

  Reference(s)

  Organization rules reference: PARAGRAPH 32 OF ANNEX E TO THE WHO MANUAL
  
  

  Keywords:

  accumulation; health insurance; illness; insurance; medical expenses; organisation; professional accident; refusal; service-incurred;
  

  
  
  

• Judgment 507

  
  48th Session, 1982
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "The relief sought by the complainants is an order or declaration that the organisation is liable to contribute to the [social security] scheme in respect of the [gratifications] paid to the complainants. It is unusual for the Tribunal to give relief in this form, especially where third parties such as the [national] authorities are involved. The normal method of relief would be an order against the organisation that it should compensate the complainants for the loss they have sustained." [here: the difference between contributions from the organisation and contributions from the complainants]

  Keywords:

  competence of tribunal; contributions; injury; insurance; organisation's duties;
  

  Consideration 9

  Extract:

  The Regulations provide for the organisation to contribute "to a national social security system" in respect of its employees. The organisation claims that national law is not binding upon it and that it can adopt what parts of the scheme it chooses. This is mistaken. Having voluntarily decided to contribute to the scheme and to require its employees to do likewise, the organisation has put itself under the contractual obligation to the complainants to comply fully with the scheme."

  Keywords:

  contract; domestic law; enforcement; insurance; organisation's duties;
  

  
  
  

• Judgment 402

  
  43rd Session, 1980
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "In some employments there are unavoidable risks. [...] The question in each case is whether the risk is abnormal having regard to the nature of the employment. In a case such as the present a reasonable test (though this is only one possible criterion) might be to consider whether an insurance company could, because of the civil war [...] properly demand an additional premium for cover against the risk of injury [...]. If so, the risk would be abnormal."

  Keywords:

  duty station; health insurance; insurance; special hazard; working conditions;
  

  Consideration 2

  Extract:

  An abnormal risk "might be quite a sensible risk for a man to take who had a sufficient motive for taking it. But an employee is not obliged to run abnormal risks for the benefit of his employer, at any rate unless he is given insurance cover."

  Keywords:

  insurance; organisation's interest; special hazard; staff member's duties;
  

  Consideration 2

  Extract:

  "The employee does not have to show that he was being asked to do something foolhardy. It is unnecessary [...] to suggest [...] that the order to return to [the duty station] was irresponsible. It was not, except in the sense that it may be irresponsible to require a staff member to return to a high risk area without offering him full insurance cover. Certainly, it might be said to be irresponsible for a man with dependants [...] to go [...] without full insurance cover."

  Keywords:

  complainant; duty station; insurance; liability; organisation; special hazard;
  

  
  
  

• Judgment 317

  
  39th Session, 1977
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  According to its Regulations, the Provident Scheme is a fund within the meaning of the Swiss Civil Code "and it is therefore an independent legal entity distinct from [the organisation] itself." Had the complainant wished to impugn a decision of the Secretary of the fund, "she ought to have brought her complaint against the Scheme, not the [organisation]. But the complaint is brought against the [organisation], not the Scheme, and so would be irreceivable."

  Keywords:

  competence of tribunal; decision; domestic law; insurance; receivability of the complaint;
  

  
  
  

• Judgment 264

  
  35th Session, 1975
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant is right in claiming from the organisation "reimbursement of the difference between the amount to which she is entitled in respect of her husband and the amount to which her husband is entitled as an employee" of the Railway Corporation. The material provision is applicable, according to the general principles of existing law, even in the absence of express provision, irrespective of the sex of the official. If the official is a woman her husband should benefit from the sickness insurance if he does not himself benefit in his own right from a more favourable or equally favourable scheme.

  Keywords:

  amount; dependant; difference; health insurance; illness; insurance; medical expenses; right; supplementary coverage;
  

  Considerations

  Extract:

  Under the applicable provision "an official's spouse is included among those who may be regarded as a staff member's dependant and as such is covered by sickness insurance. Such an interpretation of [the provision] reflects the actual situation of the spouses, who owe each other a duty of mutual assistance and who, when both are in gainful employment, may be regarded as mutually dependent."

  Keywords:

  definition; dependant; health insurance; illness; insurance;
  

  
  
  

• Judgment 173

  
  26th Session, 1971
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The present complaint concerns the rate of disability pension payable under the regulations of the [organization's] staff insurance scheme [...] issued on the basis of the [...] staff regulations and rules and [...] regarded as forming part of them. The Tribunal is therefore competent to hear the complainant's claims. It is immaterial that [the regulations of the scheme] make no express provision for appeals to the Tribunal. Whatever the material legal texts in the light of which the complaint should be examined, the Tribunal's competence derives from its own statute."

  Reference(s)

  ILOAT Judgment(s): 141
  

  Keywords:

  competence of tribunal; disability benefit; enforcement; health insurance; insurance; provision; staff regulations and rules;
  

  
  
  

• Judgment 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."

  Keywords:

  compensation; injury; insurance; liability; material injury; organisation; organisation's duties; personal effects; service-incurred;
  

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