A Study on Other Insurance Clauses：Focusing on American Law
Date Issued
2007
Date
2007
Author(s)
Tung, Chao-hsiang
DOI
zh-TW
Abstract
The model provisions provided by insurance supervisory authorities have always been used as samples for drafting insurance clauses and hence affect the development of insurance industry and the relationship between insurers and insureds. Taking the model provisions for residential fire and earthquake insurance policies in effect as an example, in the case of two or more policies insuring against the same loss, besides the related regulations of Double Insurance, there are provisions for Other Insurance, which is originated from the concept of Other Insurance clauses in the U.S. Therefore, referring to relating documents in the United States, this thesis will elaborate on the meaning of Other Insurance, types of Other Insurance clauses, and its function as well as application. Furthermore, this thesis will introduce some of the most confusing and intricate problem in practice and intend to provide solutions by recognizing conflicts and figuring out reconciliation.
By confirming the content and boundaries of Other Insurance, we can inspect domestic regulations for double insurance to see if it is necessary and proper to introduce Other Insurance provisions. Based on such inspection and analysis, we can probe into the appropriateness of said model provisions for residential fire and earthquake insurance policies. In fact, for the interpretation and application of Other Insurance clauses influence the contribution of each insurer, actuarial determination of premiums, and the protection of the insureds, by recognizing existing facts and conditions, the thesis will provide suggestions for interpreting and reconciling conflicting Other Insurance clauses to ensure the benefits of the insureds.
Subjects
損失填補原則
損失分攤
保險競合
複保險
多數保險
double insurance
other insurance
contribution
principle of indemnity
other insurance clauses
Type
thesis
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