Complex Insurance-related Legal Issues Research

The system of double insurance is one of the important systems that carry out the principle of indemnity and the principle of prohibiting unjust enrichment. Insurance law formulates this system in order to prevent the insured getting extra compensation on the insurance contract. Now the provisions on double insurance are vague in the world. Scholars have many differences in the scope of application of double insurance. This article will analyze these differences about the definition of double insurance and put forward some recommend on the relative provisions in the Insurance Law Of PRC and in the Maritime Code Of PRC.The first chapter discusses the definition and the component parts of double insurance. This article agree with narrow sense and propose that the definition of double insurance may add some component parts such as the same insured, several contracts with different insurers, the same safe time limit and the sum of premium exceeding the insurance value. At the same time the article compares the concept of double insurance with other relative concept.The second chapter discusses the scope of application of double insurance. Scholars mainly have three views on this issue. The mainly dispute is whether the system of double insurance is applicable with personal insurance or not. The writer agrees that the system will be applied to the indemnity insurance. We analyze the applicable scope of this system according to the character of the damage and the kinds of insurance.The third character discusses the legal effect of double insurance contract the provision of which is vague in the Insurance Law Of PRC. The article suggests that the legal effects should be decided by whether the assured is out of goodwill or not.The fourth chapter discusses the duty of notification including its legislative intention, its content and its performance. Then the article compares the duty of notification with the duty of information and concludes that there are different legal effects if the assured violate the two duties. The article also suggests legislators to add the provision of legal liability while the duty of notification is violated.The fifth chapter discusses the relationship among the parties of double insurance. First, the article analyzes the manner and the largest number of the insured's claim, then propose to unify the different provisions on the largest number of claim in the Insurance Law Of PRC and in the Maritime Code of PRC on behalf of the assured. Now there isn't the provision on the insured's right of asking for the return of premium in our legislation, so we may consult the relative provision in the English Maritime Insurance Act of 1906. Second, the article analyzes the insurer's right of discharge and of contribution and of recourse. The writer think the insurer may perform the claim of recourse and the right of abrogation at the same time. Meanwhile the article suggests the legislator specifying the condition of contribution in double insurance and think it is more suitable that the insurer's right of recourse may be considered the subrogation right on behalf of the insurer.This article refers to lots of relative material on the double insurance put forward above suggestions. The writer hope they are useful in the soon improvement of the system.