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essay代写-The insured value

2019-04-11 | 来源:51due教员组 | 类别:Essay代写范文

本篇essay代写- The insured value讨论了保险的价值。保险作为一种赔偿性合同,其功能是为了使被保险人恢复到未发生损失时的经济状况,因此作为保险的赔偿计算标准的保险价值,理论上也应当符合赔偿原则。保险价值的界定直接影响一项具体保险业务是超额保险、足额保险还是不足额保险的认定,从而在保险事故发生后影响赔偿方式的选择,并由此而影响保险人的赔偿责任的大小和被保险人一方所获赔偿金额的多少。本篇essay代写51due代写平台整理,供大家参考阅读。

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How to define the meaning of insurable value is not only an important theoretical problem, but also a practical problem closely related to insurance practice. Because of insurance value directly affect the definition of the meaning of a particular insurance business is excess insurance, full specified amount insurance or the cognizance of under-insurance, thus in the insurance after the accident affects the choice of the ways of compensation, and therefore affect the size of the insured's liability to pay compensation and compensation obtained the insured party. Therefore, it is necessary to fully understand the concept of insurable value in order to accurately solve the problem of compensation arising from insurance practice disputes and better protect the legitimate rights and interests of both the insurer and the insured.

China's insurance law and maritime law do not give a clear definition of the concept of insurable value, but the insurance textbooks in China have described this concept from different perspectives. Generally, it can be understood as "insurable value refers to the value of the insured's insurable interest in the subject matter insured". Insurance contract as a kind of compensation contract, its function is to make the insured to return to "if not happened when loss of economy", or, more accurately, make the economic recovery to the insurant "like adventure has been completed, so as the insurance value of insurance compensation calculation standard, also should conform to the principle of" compensation "in theory. However, neither the insurance law of China, the maritime law of China nor the Marine insurance law of 1906 of the United Kingdom fully comply with the above principles of indemnity. According to the provisions of article 55 of the insurance law of China, the author divides the determination of the insured value into two situations:

The insurable value shall be agreed upon by the insurer and the insured at the time of conclusion of the contract and shall be specified in the contract. In the event of loss of the subject-matter insured, the agreed insurable value shall be the standard for calculating compensation. This situation is known as "valued insurance". In the case of valued insurance, the insured value agreed upon by both parties shall be binding upon both parties. When the loss that produces insurance liability limits, no matter place protects property to be at that time actual value is how many, the insurance value that presses an agreement regards compensation as computational level. In fact, the insured value agreed in practice may be higher or lower than the actual value of the insured property, but this does not affect its effectiveness, unless the insurer can prove that the insured reported the insured property very high, is due to fraud, gambling or breach of the obligation to inform. It can be seen from this, although fixed value insurance violates the "compensation principle", it is still recognized by Chinese law.

If did not agree the insurable value of insurance mark, namely alleged indeterminate value is sure, when insurance mark produces a loss, with the actual value of insurance mark when insurance accident happens to be compensatory computation standard. But "maritime law" made different provision to this however, the 4th paragraph of article 219 sets, "did not agree insurable value, the actual value that according to insurance liability beginning insurable mark and insurance premium summation will calculate". The different provisions of the maritime act are based on article 16 I of the Marine insurance act 1906. The differences between the maritime law and the insurance law on the determination of the insurable value of unvalued insurance have their own theoretical basis and legal background. So in practice, for unvalued insurance, the insurer should with the real value of the subject-matter insured at the time of the accident, or in the actual value at the start of the insurance liability to calculate the compensation amount, this would require the first clear the nature of the case, and select the case shall be applicable law correctly, so as to protect the legitimate rights and interests of parties to an insurance contract.

The compensation of loss related to the insured value and the insured amount has always been the focus of the people in the insurance theory circle and the judicial circle. This paper focuses on a case of ship litigation that has aroused great concern in the industry, hoping to have a further understanding of this issue through case analysis.

A tourist ship co., ltd. in chongqing city insured its cruise ship with an insurance company for "coastal and inland river all risks". Both parties agreed in the insurance policy that the insured value of the ship is 22 million yuan and the insured amount is also 22 million yuan. On September 1, 2005, the ship accidentally hit a reef and was dismantled and salvaged. According to the assessment, the actual market value of the accident was RMB 130.508 million and the residual value was RMB 2.42991 million. The insured requires the insurance company to pay the insurance amount of 22 million yuan according to the contract of the insurance policy, and the insurance company believes that the insured value of the round can only be limited to the actual value of the accident, namely 130,508,800 yuan. The two parties filed a lawsuit to the wuhan maritime court in February 2006 due to the huge difference in the cognition of the insured value.

The focus of the dispute in this case is the determination of insurable value, that is, the actual value of the ship in danger and the insurable value agreed upon in the policy, which is the real "insurable value" problem. According to the provisions of article 5 of "coastal and inland river ship insurance", "if the ship is less than three years old, it shall be deemed as a new ship, and the insured value of the new ship shall be determined according to the replacement value; if the ship is more than three years old, it shall be deemed as an old ship, and the insured value of the old ship shall be determined according to the actual value. The insured amount shall be determined by the insured value or by negotiation between the parties, provided that the insured amount shall not exceed the insured value. It is stated in this clause that the insured amount shall be determined according to the insured value and in particular the agreement may be made by the parties hereto through negotiation. Therefore, the agreement that the insured value of the ship is 22 million yuan between the insurer and the insured when the contract is concluded is the true expression of the parties and has the effect of the contract, which determines the insured value of the ship is 22 million yuan. Since the insurable value has been agreed, the insurance contract should be of fixed value. So after happening total loss, the underwriter must undertake compensating according to the insurance value that agrees, and the actual value that should not be evaluated afresh again is protected belongings, lost the sense of insurance of fixed value otherwise. Some people have different viewpoint to this however, they think insurance contract regards a kind of economy as the contract of compensatory property, its compensatory limits, should cause policy-holder actual economy loss with insurance liability accident to be limited. The actual value of the ship in this case is only 13.5 million yuan, and the defendant is required to pay 22 million yuan, which is not in line with the principle of good faith in the contract law, but also contrary to the legislative spirit of the insurance law. The author thinks, reason comes to this kind of conclusion, it is the substantial connotation that does not understand insurance value actually. Admittedly, the legislative spirit of insurance law is to make insurant suffers loss to be able to obtain compensation in protecting property, but we ought to see, law makes "insurable value" this one concept, grant both sides of insurance contract a kind of meaning autonomy namely, let them undertake an agreement to the loss that may happen in the future. The agreed losses may be higher or lower than the actual value of the property insured, but such agreed losses are legally recognized losses and are binding on both parties. Accordingly, when insurable accident happens, the underwriter cannot defend with the actual value of the place when accident happens to protect belongings below insurable value, unless be in agreement insurable value when insurant exists fraudulent behavior. To sum up, the author believes that in this case, the insurer should pay the insured 22 million yuan of insurance money.

From the day the insurance industry was born, moral hazard came into being. The principle of insurable interest, the principle of loss compensation and the various provisions of insurance clauses are mostly related to avoiding and preventing the unjustified enrichment of the insured. In the insurance contract, the reasonable determination of the insured amount and the insured value plays a crucial role in controlling moral hazard. In afore-mentioned case if there is an agreement in insurance policy insurance value is 22 million yuan, the agreement when be in danger completely can according to the agreement of insurance contract with the actual value when be out of danger namely 130508 thousand yuan is limitted undertake pay to pay, won't produce dispute. Therefore, a correct understanding of the connotation of insurable value is very necessary to solve and reduce disputes over property insurance. Both in academic research and practice, we should correctly define the value of insurance and give full play to its role in controlling moral hazard.

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