What is the apportionment principle of duplicate insurance, and what is the compensation principle o

1. The apportionment principle of duplicate insurance.

For the damage caused by the repeated insurance of the policyholder, whether each insurer shall share it proportionately, or whether one of the insurers shall bear the liability for compensation alone. Laws vary from country to country. China's Insurance Law adopts the principle and method of apportionment of liability on a pro-rata basis, and clearly stipulates the principle and method of apportionment of liability.

Article 40 of the Insurance Law stipulates that "if the sum insured amount of duplicate insurance exceeds the insured value, the sum of the compensation amount of each insurer shall not exceed the insured value." Unless otherwise agreed in the contract, each insurer shall be liable for compensation in proportion to the sum of its insured amount.

Proportional Allocation of Responsibility. Regardless of the distinction between simultaneous and heterochronous duplicate insurance, each insurer shall be liable for compensation in proportion to the sum of its insured amount. This apportionment method theoretically assumes that the insurance debt is a divisible debt, and most debtors (insurers) are not jointly and severally related to each other, and each of them bears the insurance liability separately according to the proportion of insurance.

2. The principle of compensation for duplicate insurance.

The policyholder of duplicate insurance shall notify each insurer of the relevant circumstances of duplicate insurance. This is an important legal obligation for policyholders of duplicate insurance. The purpose of this obligation under the Insurance Law is to prevent policyholders from committing insurance fraud and seeking unfair benefits by using separate insurance contracts with different insurers.

The target of the notice is each insurer participating in duplicate insurance, and the content of the notice is the relevant situation of the conclusion of the duplicate insurance contract. After the policyholder carries out duplicate insurance, although the insured amount in each insurance contract does not exceed the insured value of the insurance subject, because the insured object of each insurance contract is the same, the sum of the insured amount of each insurance contract will exceed the insured value, forming excess insurance. Since property insurance is based on the principle that the amount of compensation does not exceed the actual loss, the Insurance Law clearly stipulates a basic principle, namely:

If the insured amount of duplicate insurance exceeds the insured value, the sum of the compensation amount of each insurer shall not exceed the insured value, which is the basic principle of duplicate insurance compensation. The provision of this principle prevents the insured from taking advantage of duplicate insurance to obtain compensation in excess of the actual loss of the insured subject.

Reminder: China's "Insurance Law" stipulates that the apportionment principle of duplicate insurance adopts the proportional apportionment method, and the amount of compensation borne by the insurance company when settling claims is also different for different insurance companies with different insurance amounts. The liability for duplicate insurance stipulates that the total amount of compensation for the subject matter of insurance by each insurance company shall not exceed the insured value, so as to prevent the occurrence of moral hazard.

1. Double insurance refers to the insurance in which the policyholder enters into an insurance contract with two or more insurers in the same insurance period for the same insurance subject, the same insurance interest, and the same insurance event (in fact, the sum of the insured amount exceeds the insured value) (the definition of duplicate insurance in the insurance laws of various countries is different, in fact, this sentence only defines whether the duplicate insurance is excess insurance, according to which the duplicate insurance can be divided into " "Excess reinsurance" vs. "non-excess reinsurance").

Paragraph 4 of Article 56 of the Insurance Law, which came into force on 1 October 2009, stipulates that "duplicate insurance refers to insurance in which the policyholder enters into insurance contracts with two or more insurers for the same insurance subject, the same insurance interest and the same insured event, and the sum insured amount exceeds the insured value".

2. According to Article 41 of the Insurance Law of the People's Republic of China, China adopts the principle of proportional sharing that can be excluded by agreement, that is, the insurer shall bear the liability for compensation in accordance with the proportion of its insured amount and the sum of the insured amount, unless otherwise agreed in the contract.

Duplicate insurance. There are three types of apportionment:

1: Billy Accountability. That is, according to the insured amount of each insurance company, the proportion of the loss liability is shared, and the formula is: the liability of an insurer = (the insured amount of an insurer the total insured amount of all insurers) the amount of loss.

2: Quota responsibility system. That is, each insurance company's contribution to the loss is not based on its insured amount, but according to the proportion of their liability if there is no other insurance.

The formula is: the limit of liability of an insurer = (the limit of independent liability of an insurer and the sum of the independent liability of all insurers) the amount of loss.

3: Sequential responsibility system. That is, when the same insurance subject is underwritten by more than two insurance companies, the insurer that first issued the insurance is the first to be responsible for compensation, and the second insurer is only responsible for the part that exceeds the insurance amount of the first insurer.

Question 1: What is the apportionment principle of duplicate insurance?

Question 2: What does the apportionment principle of duplicate insurance mean?

The apportionment principle of duplicate insurance refers to the fact that when the policyholder enters into an insurance contract with two or more insurers for the same subject, the same insurance interest and the same insured event, it constitutes duplicate insurance, and the sum of the insured amount often exceeds the actual value of the insurance book. In the event of an accident, according to the principle of compensation, the actual insured amount cannot be compensated by several insurers at the same time, and the amount can only be apportioned by these insurers according to different proportions, so as to avoid duplicate compensation.

The apportionment principle of duplicate insurance (hereinafter referred to as the apportionment principle) is one of the six basic principles of commercial defense insurance

Under the premise of duplicate insurance, when an insured event occurs, each insurance company underwriting the insurance business shall apportionment the compensation so that the total amount of compensation received by the insured from each insurance company shall not exceed the actual amount of loss incurred. Its main purpose is to prevent the insured from obtaining additional benefits due to the compensation of multiple insurance companies in the case of duplicate insurance, so as to ensure that the principle of loss compensation of insurance is realized on the one hand, and to prevent the moral hazard of the insured deliberately falsifying the insured accident in order to obtain excess compensation on the other hand. Since a considerable part of insurance fraud is carried out through duplicate insurance, the apportionment principle of duplicate insurance is of great significance for preventing insurance fraud and reducing moral hazard.

In China, the application of the apportionment principle has played a non-negligible role in the healthy development of the insurance industry. However, China's insurance industry should still conduct in-depth research on how to identify duplicate insurance, how to apportionment the compensation of duplicate insurance, and which types of insurance to apply the apportionment principle.

Loss allocation for duplicate insurance is between ().

a.Insurance Xun Duan people.

b.The insurer is blind to the insured.

c.Insured.

d.Insurers and insurers.

Correct Answer: a

The principle of duplicate insurance is divided into shares, which means that if a policyholder repeats insurance to more than one policyholder, the policyholder can only claim from the insurer, and the total amount of the claim cannot exceed the total amount of the policyholder's loss. The principle of double insurance apportionment is actually a branch of the principle of compensation, which can only be used in property insurance business, and its purpose is to prevent policyholders from making profits through multiple insurance.

1. Proportional responsibility system: Proportional responsibility system refers to the reasonable distribution of each insurer according to the total insured amount and compensation for losses;

2. Independent responsibility system: The independent responsibility system means that when calculating the amount of compensation to be paid, each insurer first needs to calculate the maximum amount that an individual needs to pay under the premise that there is no joint compensation by others, and then pays according to the maximum amount of gold and travel as the standard;

3. Sequential responsibility system: The sequential responsibility system refers to the fact that each insurer determines the liability according to the order of individual insurance, and the first insurer compensates the maximum amount within the amount, and so on until the total insured amount is fully compensated.

1. The principle of duplicate insurance allocation means that when the policyholder and multiple insurers repeatedly insure the policyholder, the policyholder's claim can only be distributed among the insurers, and the compensation amount cannot exceed the loss amount. In the case of duplicate insurance, when an insured event occurs, the loss suffered by the subject matter of the insurance is shared by each insurer. If the total amount of insurance exceeds the insured value, the total amount of compensation borne by each insurer shall not exceed the insured value.

This is the application of the principle of compensation in duplicate insurance, preventing the insured from receiving additional benefits as a result of duplicate insurance.

2. The principle of apportionment of repeated insurance is also derived from the principle of compensation and is not applicable to life insurance.

However, it is closely related to duplicate insurance in the property insurance business. Duplicate insurance refers to the same insurance subject matter and the same insurance interest of the policyholder.

Insurance with two or more insurers for the same insured event. Duplicate insurance is not allowed in principle, but in fact it exists. The reason is usually due to the negligence of the insured or the insured, or the desire of the insured person for greater psychological security.

The policyholder of duplicate insurance shall inform each insurer of the situation of duplicate insurance.

3. The methods of duplicate insurance apportionment generally include: proportional responsibility system, fixed amount responsibility system and sequential responsibility system. Proportional accountability. Each insurer shall be based on the amount insured.

proportional liability. The formula is: Insurer's liability is false = (insurer's insured amount All insurers' insured amount) Loss amount.

4. Independent responsibility system. The independent liability system, also known as the limited liability system, is a method of calculating the compensation according to the proportion to be shared by each insurer according to the sum of the compensation amounts to be borne by each insurer without taking out other insurance, that is, to share the loss liability according to the highest proportion that each insurer should bear when paying compensation separately. Independent liability, also known as limited liability, is the liability of the insurer for compensation for losses according to the insured amount without taking out other insurance.

The formula is: one insurer's shared liability = (one insurer's independent liability limit Total independent liability of all insurers) Amount of loss.

5. Sequential responsibility system. This is a method of determining liability according to the order in which each insurer issues the policy, that is, the first insurer who issued the policy shall compensate within the limit of the insured amount, and then the second insurer shall compensate for the loss exceeding the insured amount of the first insurer within the limit of the insured amount, and so on, until the loss of the insured is fully compensated. This is the method of allocation in underwriting order.

What is the principle of repetitive insurance claims? Duplicate insurance refers to insurance in which the policyholder enters into an insurance contract with two or more insurers for the same insurance subject, the same insurance interest, and the same insured event, and the sum insured amount exceeds the insured value.

Extended reading: [Insurance] How to buy, which is better, teach you to avoid these insurance"pits"

1. What is duplicate insurance?

In real life, it is not uncommon for relatives or friends to buy insurance with the help of the customer, but the customer does not know about it. The so-called duplicate insurance refers to the insurance in which the policyholder enters into an insurance contract with two or more insurers for the same insurance subject, the same insurance interest and the same insurance event, and the sum of the insured amount exceeds the insured value.

If a customer discovers that he or she has repeatedly applied for insurance, the policyholder of the duplicate insurance can request each insurer to refund the insurance premium proportionally for the part of the sum insured amount exceeding the insured value. Since insurance is the principle of loss compensation, and the customer cannot be compensated for losses in the process of compensation, the sum of the insurance money compensated by each insurer of duplicate insurance shall not exceed the insured value in the event of an insured event. Unless otherwise agreed in the contract, each insurer shall be liable for compensation of insurance money in accordance with the proportion of its insured amount to the sum of the insured amount.

When the customer discovers that the insurance is duplicated, the insurance company should request the insurer to refund the insurance premium proportionally for the part of the duplicate insurance. Customers should confirm with their family members whether they have purchased Hoga empty insurance before underwriting, and clarify with the insurer whether the insured amount exceeds the insured value at the time of purchase, so as to avoid the occurrence of duplicate insurance.

2. What is the compensation principle of duplicate insurance?

After the policyholder carries out duplicate insurance, although the insured amount in each insurance contract does not exceed the insured value of the insurance subject, because the insured object of each insurance contract is the same, the sum of the insured amount of each insurance contract will exceed the insured value, forming excess insurance. Since property insurance is based on the principle that the amount of compensation does not exceed the actual loss, the Insurance Law clearly stipulates a basic principle: if the insured amount of duplicate insurance exceeds the insured value, the total amount of compensation of each insurer shall not exceed the insured value.

This is the basic principle of duplicate insurance claims. The provision of this principle can prevent the insured from taking advantage of duplicate insurance to obtain compensation that exceeds the actual loss of the subject matter of the insurance.

According to the basic principle of compensation for duplicate insurance, in the event of an insured event, each insurer can bear the liability for compensation in two ways:

The first is to apportionment the liability on a pro-rata basis. This is to calculate the sum of the insured amount underwritten by each insurer, and then calculate the proportion of the insured amount underwritten by each insurer to the sum of the insured amount underwritten by each insurer, and each insurer apportions the amount of loss compensation according to their own proportion.

The second is to bear the liability for compensation in accordance with the contract. The method of compensation for duplicate insurance may be agreed upon by each insurer in the insurance contract. Regardless of whether it is jointly agreed by each insurer or separately agreed between the policyholder and each insurer when entering into an insurance contract, as long as there is a contractual agreement, the insurer shall bear the liability for compensation in the manner agreed in the contract.