Discussion And Analyze On The Application Of The Indemnity Principle In The Third Field Insurance

The definition of the indemnity principle is that when the insurant is injured by the insurable events,the insurer affords the insuranee premium within the scope of cover under the insurance contract amount on the basis of the actual damage. China's insurance law divides insurances into property insurance and insurance of persons. Property insurance should apply the indemnity principle; insurance of persons should not apply the indemnity principle,because this kind of the insurance's objects are persons'life and body whose vaule can't be measurable by the money.The third field insurance consists of health insurance and accident & disability insurance,bearing the nature of indemnity and payment,between the property insurance and life insurance.For example, the insurant spends on medical expenses is very easy to identify in the commercial health insurance,and the amount of the insurant's income loss is also easy to identify in the income insurance.So there always exists a dispute :whether the the indemnity principle is applied in the third field insurance. The purpose of this paper is to resolve this dispute.The writter cited three cases for leading to this dispute,then analyzed the characters of the third field insurance. Compared with the corresponding system of national insurance legislation,the writter confirmed that the indemnity principle should be applied in third field insurance.At last,the writter analyzed the reasons of the dispute ,then made some suggestions for the amendment of the PRC Insurance Law.The article consists of four chapters.In Chapter One I cited three cases for leading to the dispute ,then introduced types of damage in insurance law, the concept of the indemnity principle and its theoretical basis and the derived principles; Focused on the application of the indemnity principle,and the method of calculating the amount of loss in Chapter Two;In Chapter Three based on the classification of insurance contracts I analyzed the compensatory of the the third field insurance;In last part,I detailed discussed the application of the indemnity principle's derived principles in the third field insurance;In Chapter Five I made some suggestions for the amendment of the PRC Insurance Law according to the reasons of the dispute.