Reasearch On Other Insurance And Compensation Rule Under The Principle Of Indemnity

The principle of indemnity is an important principle in the insurance law,which means that in the compensatory insurance contract,when the insurance accident causes the insured suffer loss,the insurer should compensate the insured within the insured amount,and the compensation cannot exceed the actual loss.Under the guidance of this principle,a series of important insurance systems have been derived.Double insurance is one of them.The double insurance is also clearly stipulated under The Insurance Law of the People's Republic of China.However,in addition to the double insurance,when the same insurance accident causes the damage to the same insurance subject,two or more than two insurers are responsible for the insurance compensation and the concurrent insurance occurs,which causes the compensation of the insured exceed the actual loss.However,there is still no legislations about concurrence insurance under The Insurance Law of the People's Republic of China.Because the Insurance law does not stipulate the concurrence insurance,this leads to the problem of the payment order and the sharing of the liability between the different insurers.On the one hand,the insured can not receive the payment in time and the purpose of insurance can not be achieved.On the other hand,the insurer may also suffer losses because of the actual payment of the insurance,which is more than the insured amount,thus causing the frequent occurrences of the case of compensation dispute of the concurrent insurance.In addition,due to the lack of law about concurrence insurance,the court is not able to find solutions from the judicial interpretation to solve the dispute,which leads to different allocation of liabilities of the insurers.If they only try to solve this dispute through consultation among the parties,it might result in unjust results.Therefore,based on an in-depth understanding of the current research status of concurrent insurance at home and abroad,this research report discusses the theoretical basis,causes and composition of Concurrent Insurance through methods of literature research,case analysis and legal hermeneutics.An attempt is made to find a new way to solve cases of compensation dispute,which can not only compensate the insured but can also fairly ensure the rights of the insurer.The first chapter mainly analyzes and discusses the concurrence insurance.First,it introduces the theoretical basis of dealing with the concurrence insurance-the meaning and application scope of the principle of indemnity.Then it analyzes the causes of the concurrent insurance from the elements of the insurance contract and find out concurrent insurance's main cause – the overlap among insurance coverage.By comparing with double insurance,this chapter analyzes differences and relationship between double insurance and concurrence insurance.The second chapter mainly discusses the principles of dealing with concurrence insurance.First,it analyzes the judicial interpretation of the concurrence insurance in current judicial practice in China.Second,through the interpretation of the judgments,it concludes that there is no uniform principle for concurrence insurance.The third chapter discusses how to solve in the issue of concurrence insurance from other insurance clauses.Through the analysis of the current legislation and usage of other insurance clauses in China,it points out the necessity of solving the concurrence insurance through other insurance clauses.At the same time,it introduces the different principles of dealing with the concurrence of insurance in the United States,and analyzes their advantages and disadvantages.The fourth chapter establishes a regulation path of solving the concurrence insurance.When concurrence insurance occurs,based on the foundation of principle of indemnity,the new thoughts to balance the interests of the insured and the insurersshould be put forward.At the same time,it is suggested that Insurance Association of China should formulate the demonstration of commercial insurance contract and other measures to carry out industry guidance for insurers.