Research On Application Scope And Settlement Mechanism Of Insurance Concurrence

Since ancient times,China exists the practice of store up grain against dearth bad year.Various dynasties also have reserves present to relieve the victims of the system.With the development of the Times,in order to eliminate the future of uncertainty caused by the fear of accidents,to compensate for the loss of uncertainty,the insurance system came into being and gradually deepened people's lives.The principle of loss compensation is one of the basic principles of insurance law,and the loss of compensation should not exceed the loss is the essence of the compensation principle.The aim is to prohibit the insured from obtaining additional benefits for compensation for insurance accidents.However,in real life,with the increasing of people's sense of hardship,often the insured to buy more than one insurance,and then two or more insurers to bear liability for the same loss.In view of this,the duplicate insurance system is in this context and is written into the insurance law.The main intention is to stipulate the consent loss caused by the same accident,and the burden of sharing among the insurers,so that the insured will not exceed the actual loss and accord with the essence of the principle of compensation for damages.It is precisely because of the law to duplicate insurance system has a clear stipulation,in view of the limitation of the law itself,there must be free from the scope of repeated insurance system,and with the case of compensation for the same loss of several insurers,along with the continuous deepening of understanding of the principle of loss compensation,the insurance theorists derive a series of system: Insurance subrogation,excess insurance,not full insurance,insurance competition is one of them.In practice,insurance competition is increasing,in the case of the settlement process,the insurer how to compensate but there is no clear legal basis,helpless under,only by the formula or the way of negotiation flexibly,so many insurers between the blame for no compensation or because of the uneven distribution of disputes arising more and more.This paper is divided into four parts,the basic logical structure of the wording:The first part: basic theoretical knowledge of insurance competition.Includes insurance concurrence of constituent elements of the definition,analysis,reinsurance and insurance,such as the difference between competing.Part Two: the concurrence of the insurance application.Combined with the repeated insurance and insurance for the difference between competing,focusing on liability insurance in the above two systems are used in the process-related issues.The third part: in case of concurrence of insurance practices.From our current legislation and practice to the point,explore the path of concurrence of insurance system of our country,and the theory and practice two competing issues were discussed on how to deal with insurance.Part IV: combined with the current legislation on the concurrence of insurance and research,analysis of competition and cooperation in the insurance legislation in the vulnerability and lack of concurrence of substantive insurance contract insurance clauses or positioning errors obtained concurrence of insurance systems subject to progressive ideas.After the first substantive legislation,always embedded in insurance contracts of indemnity insurance of competing provisions until after practice insurance competition and reasonable compensation mechanism in smooth operation,and then gradually rise to the legal level.