On The Application Of Principle Of Indemnity In Medical Expense Insurance

With the development of insurance industry,insurance disputes have increased greatly.The number of medical expenses insurance has also increased.However,even if the cases about medical expenses insurance have same facts,the judgments are often different from each other.The reasons lie in the difference of applied laws and regulations which reflects the discrepancy of guiding theory in the norm-setting process of insurance regulations.Except for the introduction and conclusion,there are four parts in the thesis discussing the application of Principle of Indemnity(hereafter abbreviated to POI)in medical expense insurance:Part ?: The fundamental issues about medical expense insurance.This section introduces the definition and classification of medical expense insurance,and analyzes the nature of medical expense insurance which arouses much discussion.I hold that medical expense insurance cannot be simply classified as life insurance or property insurance.It is a kind between them.Part ?: The legislative and judicial issues about POI in medical expense insurance.This part demonstrates the deficiencies of legislation of by analyzing laws,regulations,and directive opinions of courts and illustrates by concrete cases the judicial injustice resulted from the judgments which are not unified in the issue of whether to apply POI.Part ?: Theoretical disputes about the application of POI in medical expense insurance.Scholars in this field hold various opinions due to the reasons of life value,ethics hazard and unjust enrichment.Some approve the application of POI,some deny it and others hold that the application of POI varies according to cases.Part ?: The thesis' view on the application of POI.From my point of view,the application of POI should be determined in light of the types of insurance.POI should be applied in the insurance with limitless compensation,while it can't be applied in the insurance with fixed compensation.Finally,I put forward suggestions dealing with the insurance contracts which violate POI to make the theory more practical.