Researches On The Loss Compensation Principle Which Applies In The Medical Expenses Insurance

Loss compensation principle is one of the most important basic principles of insurance law. When the insured losses due to the insurance accident, the compensation raised from the insurer can only be limited to the actual loss, that is to say, cannot get additional benefit. Its connotation includes two aspects:fill the loss of the insured and forbid the insured from unjust enrichment. According to the current law, loss compensation principle applies only to property insurance. But with the rapid development of the insurance industry, there are big differences between the opinions of the theoretical and practice circles on whether "Middle Risks" which has personal attribute and property attribute at the same time such as medical expense insurance can apply the principle of indemnity. This paper put cases as the breakthrough point, and put three derived systems of the loss compensation principle----Right of Subordination, Double Insurance and Insurance Concurrence as the point of view. From every aspects of the point of view, this paper select two cases of the medical expense insurance which have similar details but different sentences to compare, and then analyze the applicable scope of the damage compensation principle and specific characteristics of medical expenses insurance. So this paper can draw a conclusion:Loss compensation principle shall apply to medical expenses insurance. Then conduct a detailed discussion on right of subordination, double insurance and insurance concurrence which applies in the medical expenses insurance. Finally,this paper proposes suggestions on how to perfect the damage compensation principle from the perspective of legislation and judiciary, in order to promote the healthy development of the medical expenses insurance.