Legal Problems of Registrar Order No. 38/2564 on Elimination of Conditions for Exercising the Rights to Terminate the Insurance Policies by Companies in the COVID-19 Insurance Policy for Non-Life Insurance Companies

Authors

  • Associate Professor Sumate Janpradab Curriculum Lecturer in LL.M. Programe at Faculty of Law, Ramkhamhaeng University
  • Dr. Tanasarn Chongpanish Thomas Aquinas School of Law, Assumption University
  • Assistant Professor Nachatchaya Thongjan School of Law Thomas Aquinas, Assumption University
  • Mr.Vichai Suthamtarikul Lecturer, Faculty of Law, Kasem Bundit University

Keywords:

Ex Post Facto Law, Registrar Order No. 38/2564, Ex post Facto Laws, Registrar’s order, Insurance company, COVID-19 Insurance policy.

Abstract

This academic article aims to study the case that the insurance companies sending the insurance termination letter to the insured on the rights to terminate the COVID-19 secure insurance plan and the Office of Insurance Commission issuing the Registrar Order No. 38/2564 on elimination the conditions for exercising the rights to terminate the insurance policies by the COVID-19 insurance companies. The author studies the following issues: (1) Is the Registrar Order No. 38/2564 a law? (2) Is the Registrar Order No. 38/2564 contrary to the law and retroactive? (3) Is the Registrar Order No. 38/2564 legal in the context of public law and administrative law?

The study found the following results. 1) The Registrar Order was not a law due to (1) no future effect, (2) no penalty, (3) no category and (4) no general application. 2) The Registrar Order did not contradict the Ex Post Facto Law because this principle was only applicable to a law. 3) The Registrar Order was a legal administrative order because the Office of Insurance Commission was a regulatory official exercising administrative power in issuing an order creating legal relations among individuals and a specific case by virtue of Section 5 of the Administrative Procedures Act, B.E. 2539 (1996).

The author suggests that the Office of Insurance Commission should not terminate this order because insurance companies exploit a loophole to terminate the COVID-19 insurance policies or other insurance policies in the future by citing the norms.

 

References

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TNN ONLINE. (2021, 16 July). Check Here! All “Insurance” Companies with Active “Covid-19 policy”. Retrieved on 19 March 2022, from https:// www.Tnnthai land.com/news/wealth/85599

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Published

2023-06-11

How to Cite

Janpradab, Sumate, Tanasarn Chongpanish, Nachatchaya Thongjan, and Vichai Suthamtarikul. “Legal Problems of Registrar Order No. 38/2564 on Elimination of Conditions for Exercising the Rights to Terminate the Insurance Policies by Companies in the COVID-19 Insurance Policy for Non-Life Insurance Companies”. Law and Local Society Journal 7, no. 1 (June 11, 2023): 193–212. accessed January 2, 2026. https://so04.tci-thaijo.org/index.php/llsj/article/view/260825.

Issue

Vol. 7 No. 1 (2566): January - June 2023

Section

Academic Article

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