What are the contents of the principle of compensation for losses?

The principle of loss compensation means that the insurer can obtain full compensation for the actual loss or damage suffered by the insurer after the occurrence of the dangerous accident agreed in the insurance contract.

Its main contents include:

The amount of compensation shall be fair and reasonable, lawful and reasonable, and with the consent of the insured;

The value of the loss should be estimated on the basis of the local market value at the time of the occurrence of the hazardous accident;

When the value of the loss cannot be estimated, or there is a difference of opinion between the parties, restitution or other means of compensation may be adopted;

When there is more than one subject matter of insurance, it shall be calculated separately one by one, and the sum of the compensation amount of each item shall not exceed the insured amount;

In addition to fixed-value insurance, the actual value of loss at the time of the occurrence of dangerous accidents should be used as the criterion, and the insured amount should be limited to prevent the occurrence of moral hazard;

Strictly check the timeliness of the insurance policy, the place where the property is stored, the insurance item, and the insured, and analyze the real reason for the accident, and strive to make the compensation if it should be paid, and never pay if it should not be paid.

Legal basis: Article 12 of the Insurance Law.

The policyholder of life insurance shall have an insurable interest in the insured at the time of the conclusion of the insurance contract. The insured of property insurance shall have an insurable interest in the subject matter of insurance at the time of the occurrence of an insured event. Life insurance is insurance that takes a person's life and body as the subject of insurance.

Property insurance is insurance that takes property and its related interests as the subject matter of insurance. The insured refers to the person whose property or person is protected by the insurance contract and has the right to claim the insurance money. The policyholder can be the insured.

Insurance interest refers to the legally recognized interest of the policyholder or the insured in the subject matter of insurance.

What is the principle of compensation for losses?

Safeguard the legitimate rights and interests of both parties.

Adhering to the principle of loss compensation can truly play the loss compensation function of insurance, and at the same time safeguard the legitimate rights and interests of both parties. For the insured, the economic losses caused by the insured accident can be compensated by the insurance unit in a timely manner, and the production and life can be restored in a timely manner; For the insurer, its rights and interests are also protected by the limit of the loss compensation.

Prevent the occurrence of moral hazard.

The provisions in the principle of compensation for losses and compensation for no losses, as well as the provisions that the total amount of compensation received by the insured cannot exceed the total amount of losses, can prevent the insured from obtaining additional benefits through insurance compensation, thereby preventing the insured from deliberately purchasing a high amount of insurance for the purpose of obtaining compensation and deliberately causing accidents. Therefore, adhering to the principle of loss compensation avoids the phenomenon of profit-seeking through insurance, which is conducive to preventing the occurrence of moral hazard.

Legal analysis: The principle of compensation for losses means that if the insured suffers economic losses caused by an insured accident, the insurance company shall bear the responsibility of compensating for the losses. In addition, the amount of compensation should be reasonable, and the compensation should be fully compensated, and the two parties should agree on the amount of compensation, and the amount of compensation should not be too much or too little.

Legal basis: Social Insurance Law of the People's Republic of China Article 54 If the policyholder requests to terminate the contract before the commencement of the insurance liability, it shall pay the handling fee to the insurer in accordance with the contract, and the insurer shall refund the insurance premium. After the commencement of the insurance liability, if the insurer requests to terminate the contract, the insurer shall refund the insurance premium collected to the policyholder after deducting the part receivable from the date of commencement of the insurance liability to the date of termination of the contract in accordance with the contract.

The principle of compensation for losses means that after the occurrence of a dangerous accident as agreed in the insurance contract, the insurer shall give the insurer fair and reasonable compensation, not too much or too little, and shall help the insured object to restore the situation before the damage.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166 of the Civil Code of the People's Republic of China stipulates that if an actor causes harm to the civil rights and interests of others, regardless of whether the actor Liang Xing is at fault or not, the law stipulates that he shall bear tort liability, in accordance with its provisions.

The principle of loss compensation means that the insurer can obtain full compensation for the actual loss or damage suffered by Qi Wangtong after the occurrence of the dangerous accident stipulated in the insurance contract. Its main contents include: The amount of compensation should be fair and reasonable, legal and reasonable, and with the consent of the insured.

The value of the loss should be estimated on the basis of the local market value at the time of the occurrence of the hazardous accident; When the value of the loss cannot be estimated, or there is a difference of opinion between the parties, restitution or other means of compensation may be adopted; When there is more than one subject matter of insurance, it shall be calculated separately one by one, and the sum of the compensation amount of each item shall not exceed the insured amount;

In addition to fixed-value insurance, the actual value of loss at the time of the occurrence of dangerous accidents should be used as the criterion, and the insured amount should be limited to prevent the occurrence of moral hazard; Gaotan strictly checks the timeliness of the insurance policy, the place where the property is stored, the insurance item, and the insured, and analyzes the real reason for the accident, and strives to pay if it should be paid, and never pay if it should not be paid.

Legal basis: Article 577 of the Civil Code: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

1) The elements for the insured to claim compensation for losses.

1. The insured must have an insurable interest in the subject matter of the insurance.

2. The loss suffered by the insured must be within the scope of insurance liability.

3. The loss suffered by the insured must be measured in monetary terms.

2) The limit of the insurer's liability for loss compensation.

1. Limited to actual losses.

2. The amount of insurance is limited.

3. To the extent of insurable interests.

3) Methods of compensation for losses.

1. The first method of compensation for losses. Within the limit of the insured amount, compensation shall be made according to the actual loss.

When the amount of loss is the amount of insurance, the amount of compensation = the amount of loss;

When the amount of loss >> the amount insured, the amount of compensation = the amount insured.

2. Proportional calculation of compensation. Amount of compensation = amount of loss Amount of insurance The actual value of the insured property at the time of loss.

1. What is the meaning of the principle of compensation applied to life insurance?

The principle of loss compensation means that after the insurance contract takes effect, if there is a loss within the scope of the insurance contract, the insured has the right to receive full and adequate compensation in accordance with the contract; Insurance compensation is to compensate for the loss of economic benefits suffered by the insured due to the loss of the insured object, and the insured cannot obtain additional slag relief benefits due to insurance compensation.

The principle of compensation is only applicable to insurance with expense reimbursement in property insurance and life insurance contracts.

Its significance is that, firstly, after the conclusion of the insurance contract, the insured has the right to obtain comprehensive and adequate compensation according to the contract if the insured suffers losses caused by the insured accident; Second, the insurer's compensation to the insured just restores the insurance subject matter to the state before the accident, that is, the insurance compensation is limited to the actual loss of the insured, and the insured cannot obtain additional economic benefits due to the insurance compensation.

In addition to the limitation of losses, the principle of loss compensation is often subject to some other restrictions stipulated in the insurance contract, such as the limitation of the insured amount and the limitation of proportional compensation due to pro-rata insurance. It is also limited by the method of compensation, such as the deductible specified in some insurance, or the limit of compensation.

The principle of loss compensation is only applicable to the insurance with expense reimbursement in the property insurance and life insurance contracts, such as the "additional hospitalization medical insurance" and "additional accident injury medical insurance" of ** foreign insurance company, but is not applicable to the life insurance with fixed payment.