Research on the Insured and Related Legal Issues of Group Insurance
Date Issued
2014
Date
2014
Author(s)
Lin, Cheng-Hao
Abstract
There are many legal issues in Taiwan resulted from the conflicts which exist between The Insurance Act and how to operate the contract terms of current group insurance. The main controversies could be illustrated as follows：First, who is the policyholder of the group insurance? Second, how do we identify the insurable interest of the policyholder and the insured? Third, should the insured consent in writing when the insurance contract is contracted by the other person? Fourth, should the qualification of the beneficiary be restricted? Fifth, who can designate or change the beneficiary of the group insurance?
To solve those juridical problems above, The Taiwan Insurance Institute （TII）already commenced amending the section of group insurance in the draft of The Insurance Act. However, disputes remains even after the completion of this draft. Thus, in my thesis, I will attempt to settle the remained legal issues concerning conflicts between The Insurance Act and how to operate the contract terms of current group insurance in practice. To achieve this end, the comparative legal analysis of Taiwanese courts’ verdicts and our scholars’ criticisms to them; in addition to their comparisons with American laws (e.g., the Group Life Insurance Definition and Group Life Insurance Standard Provisions Model Act, Group Health Insurance Standards Model Act of NAIC, plus New York and California insurance codes), France and Japanese Insurance Codes will be adopted as my methodology. In the end, I will also try to comment on the present section of group insurance in the draft of The Insurance Act.
In sum, I am going to propose the following suggestions in my treatise. Firstly, the policyholder of the group insurance must be the group; or the representative of the group when the group is not a legal entity. Secondly, because the chance of motivating a moral hazard in the group insurance are low, the insurable interest between the policyholder and the insured is not necessary. Thirdly, though the will of the insured shall be esteemed when drafting an insurance contract, in order to facilitate this process in practice, the article 105 of The Insurance Act might be altered－the insured would still be deemed as the insured of a written insurance contract, as long as he or she does not give opposed recitation. Fourthly, the qualification of a beneficiary must be restricted to avoid the possible moral hazard and ensure the insured of the group insurance. Fifthly, the beneficiary of a group insurance must be entitled to designate or change the insured. In conclusion, in view of the fact that there are still many differences between my proposed suggestions and the current system of group insurance, I sincerely hope my research will greatly help improving The Insurance Act in Taiwan, and further benefit the welfare of Taiwanese employees in the near future.
Subjects
團體保險
要保人
被保險人
受益人
保險利益
Type
thesis
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