Study On The Application Of Principle Of Indemnity In The Personal Insurances

Principle of indemnity is one of insurance’s inherent characters,with the birth of insurance system,has long been considered to be one of the most important principles of insurance law.In compensatory insurance contract,when insurance accident occurred,and the insurant suffered economic loss,the underwriter pay to the insured insurance money should in the limit of actual loss.This is the embodiment of principle of indemnity in the insurance field.In property insurance applying for Principle of indemnity is beyond doubt,but personal insurance whether can apply this principle has been controversial.The expense insurance in health insurance and accidental injury insurance,the insurance’s main purpose is to make up for the cost of the insured caused by insurance accident loss.At the time of the conclusion of insurance contract of the contract both sides,for medical expenses hasn’t happened yet,so it is difficult to measure the value of the subject-matter insured.But when insurance accident happens,insurant has actually payed for the relevant expenses,namely insurant suffered indirect damage on his body and that caused by physical damage,the insured has actually paid for the expenses of medical and nursing expenses are easy to determine the specific amount.Therefore,in order to prevent the insured due to extra payment getting returning unjustified enrichment,also toprevent the risk of moral hazard,for this type of insurance applying for the principle of indemnity is necessary,the compensation that the underwriter payed should not exceed the insured amount of the actual expenses incurred,and shall be agreed in the insurance contract payment quota is limited.Therefore,on the legislation of our country should break through the insurance "dichotomy" model,build a platform in the personal insurance for principle of indemnitye’s application;on the judicial court may enact corresponding judicial interpretation,the applicable scope of the definite loss compensation principle,when hearing about insurance disputes should respect the insurance contract agreed by the parties.