The Application Of The Deduction Of Collateral Benefits In The Insurance Responsibility

The deduction of collateral benefits is an important rule to determine the scope ofcompensation.The insurance system’s developing and improving, bring about not onlyconvenient remedy measures, but also problems to damage compensation system. Thetraditional view insists that there is no space for the application of benefits rule in insurancesystem. But with more and more types of insurance turns out, it becomes a complex equation.Deny the application of the rule simply is not suitable for the development of the times. Theauthor intends to do some research in this article on the rule of deduction of collateral benefitsin the scope of insurance and put forward some viewpoints.There are four parts in this thesis besides the introduction and conclusion.The first part introduces the theoretical foundation and relevant standards of the benefitsrule, using historical analysis method. Then analysis the subject and functional value. WeShould use “ban said runs” as the rule of the theoretical basis, and consider the regulationspurpose and causal relationship simultaneously. At the same time we should enlarge theapplicable scope of the applicable standards. Insurance agencies can also be applicable subject.The second part elaborates the controversy of this question. In the first explain theinfluence about the development of insurance system, the major influence is producingmultiple payment of competition, and then brings difficulty to the fair allocation of the victim,the offender and the insurance institutional interests. So cause the debate about whetherapplying the benefits rule. In this way, discussing the relationship of the benefits rule andinsurance benefits has important significance..The third part uses the method of comparative law, discussing the relationship of thebenefits rule and insurance benefits of most countries and area. Most of them insist that thereis no room for the application of benefits rule in the scope of insurance traditionally. But withthe development of the insurance system and society, more and more areas begin to apply thisrule. Although there are some differences between them on this issue, but the essence ispursuit of fairness and justice.The last part details the application of the rule in the insurance law.First analysis therelationship between the benefits rule and the insurance system. The contact mainly display inthe same aim, namely compensate damages, besides, not deduction of collateral benefits and right of sub-claim do not necessarily coincide, but one leads to the other. Then compare theobjectives and functions of the benefits rule with different types of insurance, and come to aconclusion.In the summary of the thesis generalize the standards of the application of benefits rulein the scope of insurance. Specifically includes three contents, first one is to judge whetherhave insurance subrogation. Secondly, find out who paid for the insurance. Thirdly, analysisthe purpose of the insurance benefits. Furthermore, admits the insurer have the right to deductthe benefits.