Research On Principle Of Indemnity’s Applicable Problem In Commercial Medical Insurance

In accordance with subject-matter insured, China’s insurance legislation divides theinsurance contract into property insurance contract and life insurance contract. Principleof indemnity is only stipulated in the property insurance contract section, from the pointof view of system interpretation, the principle of indemnity is only applicable to propertyinsurance. There is no doubt that the principle of indemnity is applicable to propertyinsurance, but some insurances have characters of compensatory and payment, such ascommercial medical insurance, academic continues disputing on whether it is applicableto the principle of indemnity. It is just because insurance legislation negates thepossibility of commercial medical insurance applies to the principle of indemnity, butinsurance theory affirms the application of this principle, the confliction of the twotheories results in the difference of medical insurance case judgement in trial practice,thus it affects the unity of justice. Therefore, to promote judicial unification andharmonious development of insurance industry, it is urgent to discuss and researchwhether commercial medical insurance is applicable to the principle of indemnity.This paper makes three medical insurance cases as an entry point to lead thecontroversy of whether commercial medical insurance is applicable to the principle ofindemnity, by analyzing the quality and particularity of the commercial medicalinsurance, discuss typically whether it is applicable to the principle of indemnity. Aftergetting the result of expense reimbursement medical insurance should apply to theprinciple of indemnity, from repeat insurance system, insurance subrogation system,convergence problem of commercial insurance and social insurance these three aspects,discuss the application of the principle of indemnity in medical insurance. Finally, fromthe perspective of legislation, judiciary application and insurance practice, put forwardrecommendations of improving the principle of indemnity in order to promote thehealthy development of the commercial medical insurance.