Research On Double Insurance

Nowadays,insurance industry has grown quickly,the types of insurance are increasing,and double insurance has occurred frequently.The insureds' safety and security can be enhanced by entering into a duplicate insurance contract,especially if an insurer is in bankruptcy or incapacitated,the insured may claim compensation from other insurers to distribute the risk and reduce the loss.The reinsurance system can guarantee that the insureds can obtain indemnity according to the law,but also effectively prevent the insureds from using the reinsurance to obtain the undue interests,avoiding the moral hazard,and promoting the healthy operation of the insurance system.In 2009 our country has carried on the the part revision to double insurance,but this revision is still too simple to make the insurers and the insured party facing the dilemma that they are hard tacto in accordance with the law.By combining China's "Insurance Law" with foreign legislation and related scholars point of view,the author analyzes the existing problems of double insurance system and puts forward her own views and suggestions in this paper.This paper consists of the following five parts.In the first part,the author discusses how to define the problem of double insurance.On the definition of double insurance,it can be mainly divided into broad sense and narrow sense.In fact,the narrow sense adopted was adopted in China's current "Insurance Law".After comparing the two parts,the author also agree with the narrow sense.It determine the total insured amount of double insurance exceeds the insured value of the insurance.By comparing the the similarities and differences of co-insurance,over-insured,reinsurance,insurance competing,the repeated insurance can be able to grasp easily.The main component of Double insurance are six main elements and seven elements,and the author will describe seven-condition in detail.In the second part,the author explores the scope of application of double insurance.There are three different theories in the academic circle.And the their advantages and disadvantages can be used to analyze the scope application of double insurance system.Besides,the author brings foward the idea that double insurance insurance should be applied to the loss of insurance.In the third part,the author states the notification obligation of the double insurance policyholder or the insured.It mainly includes the purpose of the establishment of the obligation,the subject of the obligation,the accepter,the manner,the time,and the legal consequences of breaching the obligation of notification.In the fourth part,the anthor deals with the indemnity and the elimination of double insurance,as well as the return of premiums.The good faith double insurance and bad faith double insurance need to be to be distinguished,and individual can determine the compensation way by distinguishing subjective attitude.