Legal Research On Double Insurance

The revision of the "Insurance Law" in 2009 increases the double insurance elements,and the double insurance generalized changed narrow double insurance,emphasizing the nature of excess insurance.But this change did not solve the question in double insurance system.With the development of insurance,the double insurance scope,the legal effect of insurance contract,responsibility allocation problems gradually emerged,and some specific practical problems such as the application of liability insurance.Insurance theory is incompatible with practice.Once the double insurance disputes occur,there is often no laws or dispute the judge to make the administration of justice.The double insurance system originates from the principle of loss compensation in the insurance law,and the purpose of establishing this system is to protect the insured and to prevent the insured party from obtaining improper enrichment.The insurance Law stipulates in the 56 th article,the definition of double insurance,the notice obligation of the contract parties,and the distribution of the liability of the insurer after the insurance accident occurred.But this provision is not perfect.The cost compensation type of the life double insurance can not be applied in the application of the principle of loss compensation.The Law does not require the legal consequences of breach notification obligations,and there is no distinction between good intentions,malicious double insurance contractual effect.The way of insurance liability is not reasonable.The regulation of China's double insurance system is too simple and general.This legislative model is not conducive to the protection of the rights of the insurer and the insured,but also restrict the development of our insurance industry.To perfect the double insurance system,we should start with the legislation,revise the definition and scope of the double insurance,and make the double insurance system more applicable to some life insurance contracts and liability insurance contracts.Secondly,referring to other areas of legislation,the distinction between goodwill and malicious double insurance,different situations with different legal effect.For different insurance contracts,to return contract invalid insurance premiums in excess of the part of the contract.Finally,the insurance liability compensation rules,"joint and several compensation + independent responsibility Apportionment" mode is the most suitable for China's insurance compensation approach.The use of such insurance compensation rules can not only protect the interests of the insured to the maximum extent,but also can achieve a fair share between the various insurers,which is worth learning from China.