Damage The Principle Of Compensation In Most Insurance

The principle of indemnity, the cornerstone of several policy systems in contract law for insurance, is a very important principle of the Insurance law, and is widely used in most of property insurance and lots of personal insurance cases. The definition of the principle of indemnity is that when the insurant is injured by the insurable events, the insurer affords the insurance premium within the agreed range of the insurable value and insurance amount on the basis of the actual damage, on the premise of and within its range of the consideration whether insurable interests exists or not. Although in china the indemnity principle has already established in the insurance law, this principle neither share the position it deserved in legislation nor the attention it should be paid in theory world.In this paper, from studying on the concepts about damage in contract law for insurance and civil law, the writer has brought up the differences about the purpose and the range, and confirmed the radius between them. On the magnitude of indemnity, the writer has compared it with the insurance amount, the insurable value and the actual damage, and then confirmed the correlation between them. On the applicable range of the principle of indemnity, the writer has an analyse about the property assurance and the life assurance, the fixed and unfixed value assurance, the indemnity assurance and the ration assurance, and brought up that the principle of indemnity can be applied in the indemnity assurance.The traditional connection of the assurance is a man-to-man connection which between the insurer and the insurant, with the abruption of the droit, the appearance of the damned assurance, and the deeply understanding of the principle of the insured interest, the phenomena that one insurant has contracts with many different insurers together is increasing, and the validity of them affects each other. The concepts about them are the excess assurance, the adequacy assurance, and the inadequacy assurance, and in the law world of the assurance, the ordinary rules to solve these problems are the repetition assurance rule, the contest assurance rule, and the rules of other insurance clauses etc. From comparing with the concepts and studying the rules, the writer has brought up a better concept, multiple insurance. It means that for keeping away the same risk, the insurant had better made multiple contracts with the same insured interest and the same period, and the insurance amount in all exceeds the insured value. Multiple insurance has five characters: 1. the same insured interest; 2. the same insurable event; 3. multiple contracts; 4. the same insurance period; 5. the insurance amount in all exceeds the insured value. The establishment of the concept of the multiple insurance and the expatiation of its characters is the remedy of insurance law in China, and it can be used for reference in the insurance practice.In the multiple insurance, the insurance contract validity is the core of the connection between one insurant and multiple insurers. Put it in order can predigest the connection between the parties, and solve the problems of multiple insurance successfully. In the judgement of the insurance contract validity, the writer has not invoked the prescript that the excess insurance is invalid, he has synthesized the principle of indemnity and the common principle of contract law, and brought up that the insurance contract validity should be analyzed from the sorts of the parties' subjective mentalities. So, the writer has founded a system which endows the goodwill party with the right to annul the contracts, substituted the one to decide the contracts are invalid curtly. The validity of multiple insurance has three points: 1. When the insurers and the insurants are all of goodwill, the excess insurance contracts will be invalid, but others are valid, the choice of confirming which part is the excess belongs to the weak insurant. If the insurable event doesn't happen, the insurant is entitled to take the insurance premium back; or, it will not. 2. While the insurer is of goodwill, but the insurant is of hostility, the right to annul the contracts should be endowed to the insurer of goodwill, it is applied in all the contracts of hostility. When the insurer of goodwill doesn't exert this right, and the contracts become effective, or, it will not. 3. While the insurer is of hostility, but the insurant is of goodwill, in the range of the principle of indemnity, the right to annul the contracts should be endowed to the insurant, whether the insurant exert this right or not, the insurance contract validity in effect should be within the range of the insured value magnitudeOn most insurance problems, seeing about the rules of the payment of claims in worldwide countries, the author makes a all-directional analysis and contrast between the principal of proportional allotment, priority principal and the principal of joint responsibility according to the principal of damage compensation . the author thinks there are flaws on the principal of proportional allotment and priority principal but could be made up by the principal of joint responsibility . by contrast,the principal of joint compensation is in correspondence with the tendency of the legislation of insurant. and in terms of the obligation of the insurance contract, the author deems that the assumpsit of the payment of claims between parties should be regarded as one of the principals of the most insurance payment of claims.The main study methods of this paper includes: 1. Logic analysis. Concerning most of the insurance problems, the writer carries the discussion within the scale of basic logic of the law research with the principle of indemnity, and shapes the explanation of this principle as well as the definition of the multiple insurance on the basis of the rigorous logic. 2. Induction. Through inducting and integrating the validity and claims of numbers of the worldwide multiple insurance contracts, this paper establishes the logically clear multiple insurance contracts rules and claims pattern according to the legal principle, connecting with the theory of civil law at the same time. 3. Economic analysis. This paper reveals the economic reason of the design of most multiple insurance under the consideration of the attribute of the commercial law and the cost problem in the progress of the insurance claims. 4. Comparative law. Chinese insurance law is just at the starting point compared with the most developed countries in the world, and we only remain discussing the multiple insurance concerning studies of most insurance relevant problems, which is far behind the situation in countries where the insurance industry has been well developed. In order to establish the multiple insurance systems according to the frontier theory of the insurance law and adapting to our country's concrete conditions, the paper makes analysis and induction to the relevant regulations of other countries like England, USA, Germany and Switzerland, from which the relevant regulations is absorbed to perfect our country's legislation and social practice.