Research On Legal Problems Of Insurance Repeat

Double insurance, double insurance system to solve the main problem is in the caseof double insurance, policy-holder or insurant and the relations between the rights andobligations between the insurer and the insurer. The core issue of the relationship is withcompensation and compensation method to determine the range of compensation. Repeatinsurance for loss compensation principle of a kind of important guarantee measures, ithas important realistic meaning and theory meaning. For the insurer, double insurancesystem helps to maintain loss compensation principle, prevent and avoid subjectivedanger, maintain the utmost good faith principle of insurance contract. For policy-holderor insurant, double insurance system can have the effect of enhanced security, especiallywhen the insurer solvency is insufficient or bankruptcy, through repeated insurancepolicy-holder or insurant can reduce the underwriter compensation risk caused byinsufficient strength, enhance the policy-holder or insurant’s security. At present, therelevant legal provisions of double insurance system still exists defects and limitation,this paper, in combination with China’s relevant legal provisions and under the premiseof foreign legislation and the relevant academic point of view, elaborated his own viewsand Suggestions.This paper mainly in double insurance system from the following four parts:The first part mainly is the basic theory of double insurance system, discussed thesignificance of double insurance system, it is to avoid unjust enrichment, enhancementpolicy-holder or insurant security, prevent the moral crisis, etc.; Double insurance hasgeneralized double insurance and the narrow sense of double insurance, the author agreewith narrow sense of double insurance. The components of the double insuranceaccording to the different elements of legal system is divided into six and seven elements, the author in favor of the seven elements said. Double insurance with insurance andreinsurance blend together, is of great significance to distinguish the similarities anddifferences between.The second part mainly is the scope of application of double insurance, theinsurance of our country "insurance law" regulation repeat only apply to propertyinsurance, rules on the double insurance is life insurance there are different provisionsshall be applicable and controversy, combined with national legislation and theory to thispart of the article discusses double insurance is suitable for life insurance, the authoragrees with double insurance is insurance, emphasis on more security relatively weakside policy-holder or insurant interests.In the third part mainly is the double insurance policyholders to inform obligation,including notification of the obligor, object, content and methods of deadlines and toperform a comprehensive grasp of risk assessment of the insurance information is veryimportant, truthfully inform obligation of policy-holder besides make the underwriterscientific risk assessment, but also constraints some bad intentions of the policy-holder,therefore limited to policy-holder notification obligation is very necessary.The fourth part mainly is the effectiveness of the double insurance, will be the focusof this paper, double insurance has in good faith double insurance and malicious repeatassurance, in good faith double insurance is the compensation principle, divided into thejoint compensation proportion, the compensation doctrine and compromise doctrine threecompensation theory; Malicious double insurance compensation principle also has threedifferent theories, including all invalid said, the latter referring to differences.