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Research on the System of Other Insurance

Author: YiPing
Tutor: HanChangYin
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: Indemnity Multiple Insurance Other Insurance
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 230
Quote: 1
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Abstract

Since the system of double insurance in the current Insurance Law cannot cover all the situation of multiple insurance, the author intends to add a system of Other Insurance under the multiple insurance frameworks, in order to achieve the philosophy of principle of indemnity and to make up the legislative defect on the multiple insurance. Besides the Introduction Part, there are four chapters.Chapter I gives an introduction of Other Insurance, including the conception, the characteristics, the theoretical basis and the functions. Other Insurance is different from double insurance, because it emphasizes the identical insured as well as neglects subjective psychology of the party and the identity of the insurable interest. These two complementary systems constitute the framework of the multiple insurance. Chapter II introduces the categories and the sphere of application, taking US case law as the research object. After the introduction of three traditional Other Insurance clauses in the US insurance contracts, COB clause is introduced in mainland academic circles on insurance law for the first time, which is applicable to the excess escape clauses in uninsured motorist insurance and to coordination of benefits clauses in health insurance. The sphere of application is limited among loss recovery insurance (property insurance, personal insurance of cost compensation, liability insurance, ect.)Chapter III analyzes the conflict resolutions of Other Insurance clauses. The conflict resolution of homogeneity Other Insurance clauses are traditional resolution and contemporary one. The resolutions of heterogeneous Other Insurance clauses are the majority and the minority. On the majority theory, the responsibilities among insurers are assigned based on the context explanation of the clauses in insurance contracts. The minority theory includes two rules. One is Lamb-Weston Rule, which orders the insurers to share responsibilities proportionally based on the negation of contract clause’s validity. The other is the Minnesota Rule, which arranges the turn of responsibility on the tightness between insurance contract and the danger.Chapter IV proposes China’s legislative ideas on the system of other insurance. Since it has the finality of responsibility, the liability insurance may distinguish the homogeneity of co-existent insurance contracts. When homogeneous insurance and heterogeneous insurance are concurrent, the liability insurance is main one. When homogeneous insurances are concurrent, the insurer takes the responsibility according to the percentage of single insured amount in total amount. When heterogeneous insurances are concurrent, pro rata contract is the main one, the excess clause is subordinate, then the not responsible clause.

Research on the System of Other Insurance

Abstract

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