INVALIDITY OF CERTAIN GENERAL TERMS PROVISIONS IN CONTRACT ON ALL-RISK INSURANCE OF MOTOR VEHICLES May impossibility to produce a registration card of a stolen vehicle act as a preclusion for payment under the insurance policy?

The greatest number of motor vehicle' owners in the Republic of Croatia, who have insured their vehicles under the all-risk insurance contract, believe that the mere fact of having such a contract grants them "peace of mind" since they have full coverage against different risks, especially against theft. Even without deeper analysis of the actual extent of insurance coverage deriving from the all-risk insurance, the extent that has often proved to be a disappointment to a number of insufficiently informed insured persons that had suffered insured risk of theft, it must be said that such contracts often include other provisions that limit or even exclude the right of compensation of the insured person. One of such provisions within general terms or rules of insurance is the provision - widely and silently accepted in public - according to which the insured person looses all rights deriving from insurance policy if, upon reporting the theft of motor vehicle, he or she is unable to produce original keys, ownership papers and registration card of the stolen vehicle. As a matter of fact, often and for many reasons drivers leave vehicle specification card and registration card in their vehicles which, in case of theft, means that those documents are stolen as well. In such a case, obviously, insured person cannot produce to insurer registration card of the stolen vehicle. However, the question is whether impossibility to produce a registration card of a stolen vehicle may act as a preclusion for payment under the insurance policy.