The Difference Between Accident Insurance and Health Insurance-Emphasis on the Definition of an Accident, the Judgement of Causation, and the Allocation of Burden of Proof-
Date Issued
2008
Date
2008
Author(s)
Huang, Li-Jung
Abstract
The main purpose of this thesis is to distinguish the difference between the coverage in accident insurance and health insurance. We emphasize on the definition of an accident, the judgment of causation, and the allocation of burden of proof. In the first section, we will discuss what defines an accident in accident insurance. Initially, we will introduce the opinions of domestic courts and scholars, and point out their possible deficiencies. Ultimately, we will try to advance a new standard to define what is considered an accident in accident insurance, and use this new standard to review the related cases in Taiwan and the U.S. In the second section, we will discuss causation theory in accident insurance. In the beginning, we will introduce the opinions of domestic courts, and point out their possible deficiencies. In the end, we will try to advance a more concrete and clear standard on this issue, and use this new standard to review the related cases in Taiwan. In the last section, we will discuss the burden of proof. Namely, when a case enters into court, we need to determine which party has to prove if the insured’s death or disablement resulted from an accident, and whether or not there was a break in the chain of causation between the accident and the result of death or disablement. Similarly, we will introduce the opinions of domestic courts and scholars, and subsequently provide our opinion about how to determine the allocation of burden of proof.
Subjects
accident insurance
health insurance
accident
disease
causation
burden of proof
Type
thesis
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ntu-97-R94A21027-1.pdf
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