NCJ Number
225795
Journal
Problems of Forensic Sciences Volume: 75 Dated: 2008 Pages: 294-300
Date Published
2008
Length
7 pages
Annotation
This report demonstrates that medico-legal toxicology can be a useful tool in the protection of the interests of insurance companies in Poland, especially when it is supported by a medico-legal expert opinion.
Abstract
A review of insurance agreements of insurance companies operating in the Polish market shows that each of them stipulates situations and circumstances that exempt the insurance company from liability with respect to the insured; for example, such circumstances include being under the influence of alcohol or substance acting similarly to alcohol. In the latter case, however, a significant number of insurance companies have not developed rules for claims processing that exclude the possible effect of xenobiotics (mainly medicines) at the time of an accident. This could provide grounds for an insurance company’s exemption from liability. Insurance companies are not capable of addressing this issue without special knowledge supported by broadly understood toxicological medico-legal analyses. Medico-legal toxicology may be a powerful tool that insurance companies can use in protecting their interests. The role of toxicologists and forensic pathologists is to inform insurance companies about available scientific and service capabilities that could be used to improve their examination of claims and protect their interests. Such analyses can not only benefit insurance companies, but also insured customers whose premiums may increase due to payments that might have been excluded under the findings of a toxicological examination of the claimant. 9 references