A Study on Marine Double Insurance

• Main Authors: Jou Kang, 康柔
• Other Authors: Wen-Jui Tseng
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/56405581493430128489

碩士 === 國立高雄海洋科技大學 === 航運管理研究所 === 102 === In trading activities, sometimes the person who arranges the insurance might be different because of the Incoterms they use or some commercial practices. To the owner of the subject matter insured, has many insurance policies at one time seems to have more indemnification of the subject matter insured. But actually it might against the Principle of Indemnity, an important principle of insurance, due to double insurance. In this study, the comparison objects are M.I.A. 1906 which commonly used in international trade, Japan, and China which trade frequently with Taiwan. Then separately analyze the regulation of marine insurance of each country. The conclusion of this study generalized the same or the different parts of marine insurance of each country. In those elements of double insurance, the same period of insurance, the same insurable interest, the same risk insured, have more than two policies, and the sums insured exceed the insurable value are the basic elements to be double insurance. And about the pattern of indemnification, mostly, insurers should contribute ratably to the loss in proportion to their insured amounts. In the end, this study gives some suggestions on amending the defects of our Insurance Law. Suggest that the Insurance Law should have some restrictions on over insurance. It can effectively prevent that the insured gain illegal profit upon the basis of Principle of Indemnity.