Study On Insurability Of The Intentionally Injuries To The Insured

Nowadays, the risk human beings are facing is more complicated than ever before in therapid development society. People are in pursuit of a psychological comfort and relief afterthe risk. Insurance has become the first choice of more and more people. Creating accidents tothe insured intentionally happens frequently in the insurance practice. For this kind ofsituation, whether the insurance company is responsible for payment of the insurance benefits,has been the focus of the debate of such cases. After all, it matters that we explore theinsurability of the intentionally injuries to the insured (hereinafter referred to as ‘insurability’).The revised insurance law has given us the answer. However, the debate of the academiccircles doesn’t seem to fall to the ground. This article holds that in the situation of suchinjuries, we should distinguish between different situations instead of denying the insurabilityof all kinds.The first part of this article demonstrates the related theory of the insurability. Theaspects are as follows: the first is the question and refutation of traditional moral and ethic.Under the influence of traditional moral ethics, legislation doesn’t permit insurability of suchcases since these cases are likely to induce moral risk. Since modern times, a large number ofinsurance practices prove that this fear has substance. However, the probability of such casesis very low and not representative. The second is that the primary value of modern insurancelaw is the changes of the interests of the victim relief. Compared to the function of riskmanagement tools of insurant, insurance should be public management tool the victim. Theultimate value of insurance system is to fill the interests’ damage to the victim. Finally areintentional acts of the doer. The different nature, content, degree of the deliberation will affectthe insurability. Favorably intentionality, intentionally behavior and behavior of lesser degreeprovide theoretical possibilities to the insurability.The second and third part of this article distinguishes between intentionally behaviorfrom others or the insured. In the second part, in the cases of injuries by others, according tothe possibilities of moral hazard, the contingency and whether the victims are in need of therelief, the case should be insurable when the doer are the applicant(identity overlap does notoccur) and a third person and shouldn’t be insurable when the doer is the favored. In the thirdpart, for those cases caused by the insured, I distinct from the self-harm and crime of theinsured. In the case of the self harm, the behavior should be insurable in two years while in the situation of the crime, it should be insurable since the payment of the insurance does notinvolve incentive function or punishment to the insured. Meantime, the content of theintentionality determines the possibility of the insurability. Moreover, if it is not allowed to beinsurable, it will have the suspicion of ‘sin is less than others’.This article demonstrates the insurability. Firstly, I analyze the theory of the insurability.Secondly, insurance practice is divided into deliberate behavior others and insurant. In thesituation of different identity and different deliberation content, the insurability and whetherthe insurance company shall bear the liability of insurance payment are also different.