Faculty of Law – University of Kufa Official Site – Faculty of Law
The lecture discusses the influence of the Corona epidemic on health insurance contracts from two perspectives. The first is that the insurance contract is ongoing, and on March 18, 2020, Iraq’s crisis cell declared the country to be in a state of pandemic owing to the spread of the Corona virus, resulting in a curfew and disruption of life. This will have an impact on the responsibilities of the insured, the insured, and the beneficiary, who are all participants to a health insurance contract. With all of this in mind, the pandemic is either a force majeure that makes the contract impossible to implement and thus terminates the contract, as the Federal Court of Cassation ruled or an emergency circumstance that makes the contract difficult to implement, thus the judiciary has the right to lift this fatigue without rescinding the contract, as the Federal Court of Cassation ruled. Is it allowed to add the Corona virus, as well as the appropriate treatment and examinations, with insurance coverage as the second component of the lecture? Is it feasible to insure against the virus, and if so, are insurance companies required to compensate people who become infected? Or is it a broad, all-encompassing risk that affects a big number of people but is not covered by insurance and hence is deemed one of the hazards excluded from coverage and compensation? Regarding the new Iraqi Health Insurance Law No. 22 of 2020 and the difficulties in implementing it.
