Loss Compensation Principle Applies In Medical Expenses Insurance

Loss compensation principle as one of the most important basic principle of insurance law, the aim is to compensation for the loss of the insurant compensate, and only it contains filling the insured losses and forbid unjust enrichment by the insured, and banned benefit is the core of the principle. Loss compensation principle apply to property insurance has gained widespread recognition, in view of personal injury is compensatory, most insurance nor for loss compensation principle is necessary. But has property attribute for both belong to the personal insurance and medical expense insurance should apply the principle of damage compensation, the theoretical circle to the problem, and between physical objects larger view differences between departments. For medical expenses insurance of this kind of new type the question of whether should apply the principle of damage compensation, only grasp the essence of the medical expense insurance characteristics-fill the specific loss insurance and loss compensation scope, compensation principle is the essence of the nature of insurance, can make a reasonable answer on this question.The article is divided into four parts, the first part discusses the damage compensation principle is suitable for the theoretical basis of medical expenses insurance. First of all, through loss compensation principle’s origin, significance as the starting point, analyzes the scope of damage compensation principle is the nature of the compensation of insurance. Secondly, based on the connotation and denotation of the definition of medical expenses insurance, concluded that medical expense insurance belongs to the nature of the property damage compensation insurance. So the loss compensation principle should be applied to medical expenses insurance.The second part, discusses the system of double insurance on health insurance cost of application problems. Given only to the property insurance in our country "insurance law" regulation, repeated insurance system for medical costs belong to personal insurance if applicable, double insurance system is put forward how to apply point of view:scope of application of double insurance should fill the concrete damage damage insurance, medical expenses insurance belongs to fill a specific loss of damage should apply double insurance rules; Consider insurance of insurance of positive and negative differences, for medical expenses insurance such negative in the elements that make up the double insurance is no longer with "insurance amount totaled more than the insured value" for the requirements.The third part, discusses the system of insurance concurrence in medical expense insurance problem. Given the nature of medical expense insurance compensation, social insurance and commercial insurance, the difference between the concurrence of social insurance and commercial insurance, should be endowed with the privilege of pay society insurance in time, under the current state of the imperfect legislation, can through the social insurance subrogation to the second purchasing benefits.The fourth part, discusses the system of subrogation in the applicable problem in medical expenses insurance. Aimed at business whether the insurer has the right of and on behalf of the right to conditions of problems, made the following answer:the insurance provided by promises but not necessarily is a kind of damages, and the insurance mechanism is scatter risks in the collection of a few people, the insurer’s subrogation can realize the function; Insurer subrogation exercising is not for subrogation clause in the contract conditions, as long as have the underlying consistency.