Research On The Legal Nature Of Medical Insurance

In order to deal with the dispute involving the principle of indemnity in medical insurance cases, scholars have given two different solutions which named “indemnity life insurance” and “neutral insurance” to rebuild the nature of medical insurance. But as the two solutions are both based on the premise of personal attributes, contradictions must be confronted when people trying to distinguish the insurance object. Actually, the loss of medical care is not generated by the fact that someone was injured, but some factors of factual compelling force bring the two things together. And this kind of relationship actually has no different from that in the liability insurance. So, what the medical insurance actually covers is the loss in the form of medical care expense imposed by the factual compelling force. The insurance object of medical insurance is not body or health but the burden imposed by the factual compelling force. In another word, medical insurance is a kind of property insurance which protect the negative insurance benefit.