A study on the comparisons of double insurance between Taiwan and Mainland China
Date Issued
2010
Date
2010
Author(s)
Pan, Yu-fan
Abstract
The analyses of double insurance include four parts: the factors of double insurance, the legal effect of double insurance, the difference between double insurance and other similar insurance concepts and the disputes of double insurance effective to personal insurance. On the comparisons of the factors of double insurance between Taiwan and Mainland China, barring the part of same property insured, the stipulations are much the same, and both the discussions on the interpretations are various. As to the legal effect of double insurance, there is no stipulation that declares the legal effect on failing to notify insurers in Mainland China insurance law. This paper will analyze the first and second issues on the basis of relating documents and the insurance laws of other countries, then make renovated conclusions through the concept of potential double insurance. The factors of double insurance determine when should the insureds notify insurers, but the insureds usually do not have insurance savvy. However, the legal effect is performed by insurers who are much familiar with insurance. Therefore, the factors of double insurance should be simplified, the legal effect should be detailed at the same time. As it comes to double insurance, there is a shortage in Taiwan and Mainland China insurance laws that the policyholders do not have the rights to nullify and reduce the insurance contracts, so it is useful to refer to German insurance contracts law.
By confirming the factors of double insurance, we can inspect double insurance for other insurance to find the differences between them. This thesis will define the relationship of double insurance and other insurance afresh through the discrimination of double insurance and other insurance after collating relating documents. Concerning the disputes of double insurance effective to personal insurance, the approaches of this paper are exploring relating documents and the history of insurance laws in the different countries and discriminating the differences of indemnity insurance and contingency insurance.
Subjects
double insurance
Mainland China
potential double insurance
other insurance
nullify and reduce
Type
thesis
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