Duplicate Insurance System Research

The double insurance is called duplicated insurance which opposites to the simple insurance. Double insurance is the derivative of indemnity principle which is the basic insurance principle. The purpose of the double insurance is to prevent applicant obtaining compensation surpassing the actual damage and to avoid occurring moral danger. For the insurance law, the double insurance system has important theoretical and practical status. The insurance law of china only has clause-article 41 on the regulation of double insurance, and the stipulation is simple and rough. On the basis of referring to the datum which I have found, studying the relevant provisions in the insurance law of our country and the legal provision of foreign countries, the author elaborates some viewpoint and some flimsy advice. The article has four parts.The first part: In various countries legislation, the double insurance concept has both broad sense and narrow sense. The distinctive key lies in narrow sense of double insurance in which exceeding sum insurance must be the necessary element. However, broad sense of double insurance does not need exceeding sum insurance. The author thinks the concept of double insurance in broad sense is right. The constitutional elements of double insurance include the same insurance interest, the sane insurance accident, the same insurance limitation, the same insurance and concluding severalThe second part: This part is the scope of application of double insurance. In this regard, it induces to three viewpoint: One is the double insurance can be applied to both property insurance and personal insurance, the other is it can only be applied to property insurance, the third is it can be applied to the indemnity insurance. The double insurance which is only suitable for property insurance theory has stepped onto another extreme. After analyzing critically the three viewpoints, the article agrees with the principle that maintains double insurance should be applied to the indemnity insurance.The third part: Notice obligation means that the applicant should inform the i double insurance facts to various insurers in order to avoid paying more insurance than insurants actual losses after insurance accident happened. Most states insurance legislation has adopted notice obligation to applicant. The law of insurance in our country has also adopted notice obligation. But, it does not stipulate legal consequence of violating the notice obligation. The article suggests the legal effect of the contract should be decided by whether the insured is out of good will or bad will. Moreover, in this part, the article also discusses the detailed information of what should be notified, when and how should be notified, and the difference between the notification duty and the obligation of marking an honest disclosure.The forth part: About the legal effect of double insurance contracts, the insurance law of our country lacks clear provision. The article suggests that their effect should be decided by whether the person assured is out of goodwill or not. Our country has not stipulated the insurants returning request privilege for insurance premium. But, according to principle of"coordinated rights and obligations", insurer has not undertaken to return exceeding insurance premium. Our insurance practice may learn from English procedure. Insurance company should return insurance amount to applicant by proportion between compensation and insurance premium on exceeding insurance premium occasion. Bur, the later insurance contracts are invalid for the malicious double insurance. So, insurer also must return the insurance premium getting from the later insurance companies.