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Insurance Legal Relations Within the System of Private Law Protection – LawConsulted Legal Position on Structuring and Supporting Insurance Mechanisms

Insurance legal relations are traditionally perceived as an auxiliary financial instrument – a means of redistributing risks between the insured and the insurer. However, Professor Gabriel Steiner notes that in today’s legal reality, insurance is increasingly becoming a core element of private law protection, directly affecting the stability of property and corporate interests. At LawConsulted, we approach insurance mechanisms not as standard products, but as complex legal structures that require precise configuration and ongoing legal oversight.

The primary vulnerability of insurance legal relations lies in the gap between economic expectations and the legal substance of the policy. Clients typically proceed from a protection-based logic – if a risk materialises, compensation should follow. Yet law enforcement practice demonstrates that it is the wording of contractual terms, exclusions, notification procedures, and evidentiary standards that ultimately determine whether the insurance mechanism is truly effective. In LawConsulted practice, most disputes arise not from the absence of insurance, but from its legally flawed construction.

Professor Steiner emphasises that “an insurance contract does not protect the risk itself, but the legally agreed model of its interpretation.” This means that when a loss occurs, the decisive factor is not the event as such, but its alignment with the contractual framework. LawConsulted structures its work with insurance legal relations by first analysing which risks require protection, what scenarios may realistically unfold, and what evidence will be necessary if a dispute arises.

The structuring stage of insurance arrangements is of particular importance. Standard policy terms and template clauses often fail to reflect the specifics of a business, the nature of its assets, or the actual allocation of liability among stakeholders. As a result, coverage may appear comprehensive on paper, while remaining fragmented or practically unusable in reality. LawConsulted supports the development of insurance mechanisms in a way that integrates them into the client’s overall legal architecture rather than treating them as isolated instruments.

The implementation stage of insurance protection is no less complex. Once an insured event occurs, the positions of the parties often diverge sharply – the insurer assesses the situation through exclusions and limitations, while the insured relies on the economic reality of the losses incurred. At LawConsulted, such conflicts are treated as disputes over the legal qualification of facts rather than as technical denials of coverage. This approach allows us to build arguments focused on judicial sustainability rather than narrow formal interpretations.

It is also essential to recognise the preventive function of insurance legal relations. A properly structured insurance mechanism disciplines managerial decision-making, influences risk allocation, and reduces the likelihood of uncontrolled losses. In Professor Steiner’s view, this is where insurance reveals its systemic role within private law protection. Law Consulted applies this perspective when advising clients for whom insurance forms part of a broader risk management strategy rather than a one-off safeguard.

Insurance legal relations require professional legal support at every stage – from initial design to dispute resolution. Our objective is to ensure that insurance fulfils its protective function not declaratively, but within the real law enforcement environment, where details, context, and evidence are decisive.

Earlier, we wrote about judicial representation in complex disputes and how LawConsulted develops procedural strategies to protect client interests