The Study on Product Liability Insurance-with Focus on Food Businesses take out Produce Liability Insurance

• Main Authors: TSENG, CHIEN-FU, 曾建福
• Other Authors: LIN, CHAO-CHIH
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/687u6s

碩士 === 國立高雄大學 === 法律學系碩士班 === 107 === ABSTRACT Chinese have an ancient proverb that "Food is the paramount necessity of people", so that diet is an important cultural heritage in the Chinese society. However, the diet is not only for a cultural art or for the satisfaction of appetite, but more importantly to maintain the basic physiological needs of human beings and the health of the body. However, in recent years, the black heart product events in Taiwan, such as plasticizer-contaminated food incidents and edible oil adulteration incidents, have caused huge losses of the middle and downstream food manufacturers and the physical harm of consumers. In addition to claiming damages from the original material suppliers under the Civil Law and the Consumer Protection Law, it may also claim such damage from the insurance companies that insure product liability in accordance with the provisions of the Act Governing Food Safety and Sanitation and the Insurance Act. The Act Governing Food Sanitation , which was implemented in 1975, was abolished in February 2013 and was revised 10 times during its 38-year implementation period. Finally, in June 2013, the revised draft “Act Governing Food Safety and Sanitation” was promulgated and Article 13 Paragraph 1 provides: “Food businesses belonging to a category and scale designated by the central competent authority in a public announcement shall take out product liability insurance”. Therefore, the specific food industry insures the mandatory insurance product liability insurance under domestic laws and regulations to provide protection for the consumer public. Article 94 Paragraph 2 of Insurance Act provides that: “Where the insured has been determined liable to indemnify a third party for loss, the third party may claim for payment of indemnification, within the scope of the insured amount and based on the ratio to which the third party is entitled, directly from the insurer” and Article 95 of Insurance Act provides that "Insurers may directly pay the compensation amount to the third party upon the notification of the insured". In the event that the risk food causes damage to the third party, the third party may obtain the damage from the insurance company that directly insures the product liability insurance of the food industry. However, due to the nature of the food, the damage may not be "determined" in a timely manner, and the exclusion clause of the insurance policy make the third party right of direct claim to be restricted in litigation. This paper is based on the relevant provisions of the Civil Law, Insurance Act, Act Governing Food Safety and Sanitation , Consumer Protection Law and Liability Insurance policy, including the third party right of direct claim, product liability, liability insurance, causation, etc. The the elements for the establishment of the various norms and the legal effects are first discussed, and the literature analysis method is used to compare the relevant arguments and opinions on the theoretical theory. In addition, the case analysis method is adopted hoping that opinions of various practical case studies are observed from each different aspects of observation and the problems of each regulation that may occur in the actual operation are reviewed. In addition, in practice, a comprehensive discussion of the liability for damage to risk food, the determination of the scope of damage, and the liability insurance for products insured by food industry, consumers or other third parties right of direct claim are held, and the relevant disputes are discovered. Furthermore, it analyzes the advantages and disadvantages of the opinions held by the doctrine and the practice community, and raises the outstanding issues attempting to find a solution to ensure that the rights of consumers or other third parties involving the food incident can obtain the best legal remedies.