A Study on Identification and Application of Claims-Made Basis in Liability Insurance

• Main Authors: Chi-Hsin Yao, 姚棋馨
• Other Authors: Tong-Liang Kao
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/02003193411029085816

碩士 === 淡江大學 === 保險學系保險經營碩士在職專班 === 94 === Liability insurance is one of the most potential lines in the future. Insurance companies are creating all kinds of liability insurance. But current liability insurance is different from the old design which was only written on the occurrence basis. More and more liability insurances, especially professional liability insurances, are written on a claims-made basis. Currently, the practical use of claims-made policies is not mature in the domestic insurance market. In addition, there is some confusion over the definitions of claims-made basis which at times are still not clear enough. Because of the complication of claims-made basis policies, it is easy to have quarrels between the insurer and the insured. In order to reduce the issues, we should have more understanding of the claims-made basis. Researching the relevant laws and referring to foreign experiences will improve the design of a claims-made policy to protect the two parties of the insurance contract. This article mainly focuses on the followings: (1) the differences between occurrence basis and claims-made basis; (2) the whole system of Claims-made basis policies; (3) the differences between claims-made basis and claims-made and reported basis, with the relevant legal basis for claims made basis; and (4) the problems resulting from claims-made basis using in Taiwan insurance market and the suggestions for solving the problems.