Croatian International Relations Review

For article submissions, as well as any inquiries, you are welcome to write to editor@cirrj.org

Mokhamad Khoirul Huda

This article examines whether the Covid-19 pandemic qualifies as a force majeure under the terms of a Life Insurance policy. This article seeks to describe and analyze the nature of the force majeure clause in life insurance during the Covid-19 pandemic and the insurer's liability if the insured's rights are not met. "Normative legal research" is conducted for this investigation. Data is collected from primary, secondary, and tertiary sources, including statutes, books, literary works, legal and non-legal scientific works, and other legal documents. The results of the study indicate that, first, the force majeure clause in life insurance during the Covid-19 pandemic must meet the following criteria: unanticipated events/circumstances; occurrence after the agreement has been finalized; occurrence outside of the insurer's control; the insurer does not bear the risk, and the guarantor is not acting in bad faith. Implementing the force majeure clause in life insurance is not met, as the Covid-19 pandemic is a risk that must be incurred by the insurer and is not excluded by the contract terms. The insurer must execute its obligation to pay claims for the insured's benefits. Second, the insurer is liable if it fails to provide the value of benefits stipulated in the life insurance policy, which is considered a breach of the contract.

Keywords: Covid-19; Force Majeure; Contract; Life Insurance; Indonesia.