The Research Of Double Insurance

Double insurance is the important embodiments of indemnity principle which is the basic insurance principle. Double insurance is also important in China's insurance system. The purpose of double insurance is to ensure the compensation of the loss of applicant, while prevent the applicant to obtain improper benefits, so as to protect the indemnity principle and avoid moral hazard risks.There are few stipulation in China's laws, and it is necessary to improve the double insurance system of China.By study the insurance theories, legislation of different countries, this paper will analyze the issues of double insurance system in China, and point out the direction of improvement , and give the amendment proposals. The paper consist of five parts .Part 1 is the summary of double insurance. There broad-sense and narrow-sense concept of double insurance. The narrow-sense concept is adopted in the new insurance law of China , consistent with the Maritime Code of China. The stipulation about double insurance of The new Insurance Law of China is consistent with The Maritime Law of China.Part 2 is on the constitutional elements, which includes the same subject matter, the same insurance interest, the same accident, several contracts with different insurers by one applicant and exceeding insurance. One point of view in the paper is that the same applicant and same insurance period are also the constitutional elements. Part 3 is on the applicable scope of double insurance. By analyzing whether double insurance can be applied to life insurance, some proposals are be given in this part.Part 4 is on the legal effect of the double insurance and the duty of the notification. The relationship of rights and duties among the parties consist of that between the insured and each insurer and that among insurers. And the legal effects of the double insurance contract depend on whether the insurer is out of good will or not. If the insurer is out of good will, the contract is effective partly because the exceeding part is out of effect. And the contract is not effective when the insurer is not out of good will.The last part is some proposals on improving our double insurance system, such as the improvement on the constitutional elements, applicable scope, duty of notification, legal effect of contract and the ways of responsibility undertaking.