The Leagle Thinking Of Several Issues About Nsurance Competing

The principle of compensation is one of the most basic principles of insurance law,the insurance exist due to compensatory. A number of insurance system derived from the principle of compensation for losses, such as insurance subrogation system, over-insurance system, double insurance system.Double insurance system is due to avoid the insured get unjust enrichment, the double insurance system is used to limit this kind of situation:The insured insure more than one insurance policy to compensate the same insured losses, so that they can get unjust enrichment. But in real life, the double insurance system is not the only kind of the situation. There are other insurance clauses in insurance contract in America. China's law provides for double insurance system, and the theory of double insurance system is mature, so I think the concept of insurance competing is the other kinds of one insurance policy to compensate one same losses. Theoretical circles don't have an authority definition for insurance competing, and the scholars have different views. There are generalized insurance competing and narrow insurance competing. This article adopt the narrow concept, it means:The insured, the insured person, the subject of the insurance, accident, and insurance benefits of two insurance contracts are not identical, and there coverages have overlaps, cause more than one insurers should compensate the losses of one accident.Insurance competing is always one of the problems of the insurance industry. How to share losses fairly and effectively is the emphasis to study insurance competing system. The system of insurance competing of America insurance industry is the most advanced of the world. They have other insurance clauses in most insurance contracts. These clauses agreed how to share the liabilities between insurers when insurance competing happens. There are three normal kinds of clauses:escape clause, excess clause, pro-rata clause. The insurers may take the same other insurance clause or not, and the clauses may be conflict sometimes. So how to choose the clauses is the most difficult problem of insurance competing system. This article discuss the other insurance clauses system of America. Once there had several sharing rules theories in the history of America to solve the problem of insurance competing. But, with the development of insurance industry, these theories had been replaced as time goes by. This article praises the Lamb-Weston doctrine and the new rule who take the principle of liability limiting. The two rules should be used for specific circumstances.It's an urgent to establish insurance competing system in China for there are no system yet by now. Some scholars stand this kind of view to provide insurance competing system in Chinese law to solve the problems. But I don't agree with this view. One most important principle of civil law and commercial law is autonomy, so I think the insurance competing should not be provided in law but be more autonomy, for the flexible and changeable of insurance industry. Very few counties choose to provide insurance competing in law. Most of the counties provide it by case law or industry guidelines. By special situations of China, we should distinguish insurance competing from double insurance. Just provide the concept and elements of insurance competing is enough. But the rules of sharing losses should be adjusted by formulating insurance industry criterions flexibly, not by law. The process to promote insurance competing still need scholars'intension and some time. So the insurance industry could recognize the existence of insurance competing, insurance contracts could include other insurance clauses, and there could be rules to follow when problems happen.