Research On Several Issues Of Insurable Interests From The Perspective Of Supreme Law Directive Case No.74

In the first part of this paper,through the introduction of the Supreme People’s court No.74 guidance case,the insurance interest related issues are studied and discussed.By analyzing the facts of the case,this paper summarizes three controversial focuses: the scope of insurance interest subject,the influence of insurance interest on the validity of insurance liability limit,and the influence of the change of insurance interest on the validity of insurance contract.As for the first focus of the dispute,the author thinks that the identification of the insurance interest subject of general property insurance should be based on the premise of economic relevance;the insurance interest subject of life insurance should be combined with the principle of relatives and consent,and appropriate consideration should be given to the principle of economy;the identification of the insurance interest subject of liability insurance should be closely combined with the subject of damage liability,and should be combined with the principle of property insurance The main body of interest of the insurance company should be differentiated.Therefore,Zhenjiang installation company in this case does not belong to the insured of the property contract involved in the case,and the insurer can subrogate against it according to the breach of contract.For the second focus of the dispute,the author first analyzes the relationship between the insurable interest and the limit of insurance,that is,the principle of insurable interest can be used as the auxiliary principle of the principle of compensation for loss,as the basis for determining the limit of insurance liability.Secondly,for the general property insurance limit,the author thinks that the property insurance limit should match with the insurance interest,not too much higher than the insurance interest;for the life insurance limit,the author thinks that because the life insurance interest is difficult to measure,so when considering the life insurance limit,we should comprehensively consider the relationship between relatives and economic relations.The limit of liability for property insurance in this case shall be calculated in combination with the value of the subject matter insured.In the third focus of dispute,the author analyzes the fact that the case involves the change of insurance interest.Firstly,the author thinks that the change of insurance interest will affect the validity of insurance contract.Insurable interest refers to the insurer’s interest in the subject matter of insurance,so the insured is affected by realistic objective factors,such as the change of the interest enjoyed by the insured from nothing or from existence to nothing when certain conditions are reached,which will directly affect the effectiveness of the insurance contract based on the interests enjoyed by the insured,such as property insurance contract,which generally needs to be invested when the damage occurs The insurer has the insurable interest,if not at the time of the damage,the contract has no effect;in the aspect of life insurance contract,the applicant must have the insurable interest when the contract is concluded,so it can be concluded that if the contract is concluded without the insurable interest,the contract will have no effect retroactively.In the life insurance contract,after the death of the policyholder,the successor of the contract should be recognized as the new policyholder with insurance interest,who has the qualification to inherit the decedent and enjoy the rights and obligations as the policyholder.In addition,the author also puts forward two innovative ideas in this paper.One is to make a formulaic analysis of the principle of insurable interest from the perspective of the insurer,and put forward a new principle of identifying insurable interest,that is,taking the profit model of the policyholder as an example,the calculation of the insurance rate should be the ratio of the total amount of damage D and the risk unit set(the number of policyholders set)n,and the total amount of damage is the insurance wind The product of risk R and risk probability H.When R or h is 0,there is no insurable interest and it does not belong to the scope of insurance payment.The second is that the succession of death insurance contract in life insurance contract should have special insurance interest.Because the payment condition of this kind of contract is the life of the insured,when the successor only has the apparent insurable interest,he will transfer the principal position and related rights of the insured,which can not rule out the high moral hazard of the new insured for high payment compensation and then induce the murder of the insured’s life.Therefore,the insured’s consent should be taken as the premise in the succession of the applicant’s subject qualification.