The Application Of The Principle Of Insurance Benefits In Practice

Under the condition of market economy,opportunities and risks coexist.Market main body pass buying insurance in order to realize the maximum interests and minimum risk due to the role of insurance is to spread risk and reduce the loss.Such as the broad masses of farmers to buy agricultural crops insurance,Schools for students to purchase FPA,The pilot was grounded insurance,Investors to the company property insurance.However,because of insurance contract has the characteristics of shot her love,policy-holder or insurant inevitably for selfish interests and gambling behavior,and moral crisis.So It is effective to solve the problem of this kind of principle of insurable interest mechanism.From the principle of insurable interest of Marine insurance came into being and develops,its scope of application is not only limited in Marine insurance.At present,the principle of insurable interest is put into use by most countries in legislation and practice.Our country is stipulated in article 12 of the principle in the Insurance Law.The law principle of insurable interest in China is continuing to improve,although,on how to apply the principle in the judicial practice,there is a lot of controversy.First of all,this article from the domestic and foreign legislation and judicial practice,combing principle of insurable interest in the insurance contract is suitable in the legal basis,and the applicable conditions and scope.Secondly,via case analysis the inductive principle of insurable interest in insurance contract for the existing problems and confusion.In Guangdong Qi Tian pesticide chemical industry of the Chinese people's property insurance of Shenzhen branch with Ma Yuming insurance contract dispute,for example.This prerequisite to apply principle of insurable interest.The legitimacy of the insurable interest in the controversial focus is identified,it is also a difficult problem in practice.Shuang Yue Xian as an example in this paper,the certainty and valuation of the insurance interest.With cathay Pacific life insurance Jiangsu branch and Yang of the insurance contract dispute as an example in this paper,to discuss the principle of insurable interest in the use of person insurance rules.The case of disputes is the responsibility of insurance company should be based on the range agreed in the insurance contract or on the basis of the verification by the insured.To the Chinese people's property insurance Wu Di sub-branches and Binzhou rich property damage compensation dispute as an example to discuss the application of the principle of insurable interest in property insurance rules.The application of the principle of insurable interest in property insurance rules.Finally,analyzes the application of the principle of insurable interest.Suggestions to consummate the principle of insurable interest in the use of advice :One is the increase as the legality of the insurance benefits;The second is to increase the insurer of insurance interest review compulsory rules.Aiming at the existing problem of legitimacy that insurance profit,insurance interests review obligation subject problem and property insurance regulation is too harsh problems puts forward some suggestions.