The Analysis Of Other Insurance Types And Conflict Resolution Mechanisms

With the continuous development of the insurance industry, refinement of the type ofinsurance led to the cross of responsibility between the different categories of insurancecontracts. In other words, after the occurrence of the same insured event, more than oneinsurance contract on the same loss is required to assume the insurance liability. However,according to the spirit of the principle of compensation, Insurance law prohibits additionaleconomic benefits. Now, there is a reasonable allocation of the necessary insurance amountbetween multiple insurers, however, buck-passing between the insurer is inevitable. Thiswill undoubtedly become the focus of conflicts and difficult. The duplicate insurancesystem established in our country has some regulation, but because of the strict definitionof repeated insurance system, many insurance premiums sharing dispute is still not law inthis field. It’s sharp contrast between the objective reality of the phenomenon of otherinsurance with our country "Insurance Law" lack of related systems. Therefore, it’snecessary to introduce the "other Insurance” systems and doctrine to make up for theinadequacy of the specification.However, other insurance system and don’t arouse the attention of our insurance lawexperts, our study is not optimistic. Throughout other insurance system of content of thestudy, we can find the study of other insurance is more in foreign and Taiwan, especiallythe United States.Other insurance stems from its "other insurance clause" system inAmerica, and has been established through a series of typical case, but related theoreticalissues have some controversy.Our country is very little research on the problem of otherinsurance, it don’t cause the attention of academics and practitioners, and most scholars areonly a passing or directly copy the viewpoint of the extraterritorial. But, in practice, whenother insurance appearing, insurers is difficult to reach consensus on how to determine theinsurance payment order and sharing amount.Therefore, the article researches on other insurance system at home and abroad.Through the definition of the connotations of other insurance,and the analysis of the typeof other insurance scenarios, can qualitative scope of application of the other insurance.And on this basis, proposed countermeasures to solve the other insurance disputes.In theend,the article gets the own opinion. the article believe that other insurance is that when thesame insured event occurs, more than one insurance contract that not exactly the sameinsurable interest assume the case of the insurance liability for the same loss within the same period of insurance. It elements include: the same insured event, the same period ofinsurance, two or more of the insurance contract and their insurance liability existsoverlapping, different insurance benefits, more than one policy to assume the insuranceliability for the same loss. Through the type of analysis,the article believes that, there isother insurance situation in the field of property damage insurance, liability insurance, thecost of compensation for the life insurance. Based on consideration of the compensationprinciple and the interests of all parties,different other insurance situation applies to adifferent apportionment rules, specifically including prorate method, limit theresponsibility-sharing formula, order-sharing formula and so on. In addition, the insuranceparties can discuss to the terms of the other insurance.