建築師工程師專業責任保險－承保範圍與投保策略之研究

In recent years, the numbers and payments of damages from consumers’ suing A/E are increasing. The damages reached hundreds of billions N.T dollars in some cases. It’s more and more similar with America’s circumstances and other foreign situations. For the sake of permanent operation, it’s really necessary for A/E to buy professional liability insurance (PLI). However, the domestic A/E are prevailingly not conscious of their professional risks, and they usually don’t know much about PLI. Besides, with the recession of economy, A/E regarded the PLI premiums as additional burden. In the meantime, few research so far has ever thoroughly analyzed the key points between annual policy and project policy. No adequate mechanism has ever been established. That creates dilemma for A/E to buy PLI.

This research contains two main parts, including insuring coverage and strategies. The purpose is to make A/E deeply understand PLI and know how to buy it in the best way. The level of professional negligence, jurisprudence, insurance clauses, retroactive-date, insurance scheme, strategies and mechanism are elaborately analyzed.

This research reaches the core of jurisprudence via four kinds of damage liability. Then a simple diagram can unveil the basic relation between the jurisprudence and PLI. This result in advance applies to ten and fifteen retroactive years respectively to prevent A/E’s being sued via tort or default. Besides, the applicant, insured and beneficiary all should be the A/E as the best insurance scheme.

The major disadvantages of project policy are the defect of insured amount and the shortage of policy period. These problems are caused by distorting the original ideal of annual policy. However, the domestic construction owners usually compel A/E to buy project policy for their project. In order to fit the compelling requirement and gain benefits of both annual policy and project policy, this research proposes a hybrid strategy and establishes a mathematical model to quantify it. The insights inferred from this model can also imply a mechanism of compelling annual A/E PLI policy for the government to consider.

The main contributions of the thesis are as below:

1.The jurisprudence and insuring coverage of A/E PLI have been clarified.
2.New ideas for determining retroactive date have been proposed.
3.A better insurance scheme is suggested.
4.Thorough analysis of strategies to buy PLI has been done.
5.Models and formulas of mixed policy strategy are established.
6.Mechanism of compelling annual PLI policy has been designed.