The Research of Principle of Indemnity in the Field of Commercial Medical Insurance

• Main Authors: HUANG, LU-YING, 黃律穎
• Other Authors: YEH, CHI-CHOU
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/21534107020212221161

碩士 === 東吳大學 === 法律學系 === 104 === Medical insurance develop sharply booming in our country because of the aging society. Medical insurance provides related medical expenses during the illness, including outpatient services, hospitalization, surgery, loss of work and others, fulfill the money demand and the spiritual damage. Its biggest feature lies in contributing all kinds of personal risks, the risks of loss of property or personal safety that arising from the life, to the specific economic community. The Regulations about double insurance in Insurance Act prevent from the over-indemnity of the losses of policyholder and the moral hazard. Double insurance construct in Article 35 to Article 38 in Insurance Act used to have the sever dispute about whether life insurance apply to double insurance or not. Although the dispute attributed to gentle that the object insurance of life insurance is a life or health coast priceless. While the insured with multiple insurance contracts under an insured peril occurs, each insurer should be paid according to the contract. But because of the "intermediate nature" of medical insurance, if there is applicable for Principle of Indemnity applicable not doubt. Medical insurance have two different types, one is cover to have a fixed payment of fixed type medical insurance; another is fill an estimated real money to support the injury actually paid medical insurance, called a full medical expense reimbursement insurance. Do both of them have Principle of Indemnity applies, need to be further explored. Another risen of new patterns of medical insurance, the insured shall select the way to pay indemnification at the time of the accident, actually paid a fixed or solid support, called merit pay. In the freedom of contract under private law, seemingly insurer and the insured may be in accordance with both the meaning of freedom set in line with the insurance contract. But the nature of the insurance contract shall be deferred until the insured event occurs. The insurance cannot be decided at the time of contracting until the insurer is required to pay, whether fuzzy quotas boundary of medical insurance, the insurer and the insured relationship between human rights and obligations is nebulous. This article analyzes the defects of the regulations and makes a proposal of the Amendment of the Insurance Act.