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【Abstract】
The Application of Double Insurance Rules on Personal Accident Insurance Coverage for Accidents Caused by Uninsured Automobiles
Oh Ji Yong
Personal accident insurance for coverage against accidents caused by uninsured automobiles is "personal accident insurance" for which the insured, in consideration of the risk that no compensation will be available when death or injury occurs in an accident involving an uninsured automobile, pays an insurance premium to an insurer, and receives assurance that even in such cases insurance payments will be forthcoming from the insurer according to the payment criteria of the concerned personal accident insurance policy. Although some elements may seem to be resonant of general insurance (i.e. property and casualty insurance), this similarity is only due to the fact that the main characteristics of personal accident insurance derive from purpose of the insurance, which is to compensate for real loss. It would therefore be difficult to categorize personal accident insurance as general insurance just on the basis of the fact that some elements of general insurance seem to appear in this insurance type. Issues regarding personal accident insurance should thus be resolved on the basis of legal principles governing personal accident insurance, and should not rely on principles guiding general insurance.
In this context, multiple personal accident insurance policies for coverage against accidents caused by uninsured automobiles should be processed within the realm of personal accident insurance, and should not be dealt with in terms of "double insurance"from a general insurance perspective. As the purpose of personal accident insurance is to compensate for real loss, it would definitely be necessary to limit excessive compensation to the insured, but this can sufficiently be achieved through the interpretation of the concerned personal accident insurance policies, without having to borrow the concept of "double insurance" from general insurance. If the insured has multiple insurance policies for coverage against accidents involving uninsured automobiles, and if this person is killed or injured in a single accident involving an uninsured automobile, concerns of excessive compensation can be resolved through the provisions of the personal accident insurance policies of the insured, without invoking "double insurance"rules. Should the combined sum of compensation payments from all personal accident insurance policies of the insured not exceed the real loss amount, the insured will simply be entitled to this combined sum as the actual pay- ment amount. In the case that the combined sum exceeds the real loss amount, then, according to the provisions of personal accident policies, the actual payment amount can be limited to the real loss amount.
In the latter case, the payment liability of the insurers to the insured is in the form of joint and several liability. Therefore, if a certain insurer has made a compensation payment that exceeds the amount that the insurer is responsible for according to the formula for compensation payment allocation, then this insurer may exercise the right to demand compensation for the excess payment amount from other insurers with which the insured had personal accident insurance policies.
【Abstract】 The Application of Double Insurance Rules on Personal Accident Insurance Coverage for Accidents Caused by Uninsured Automobiles Oh Ji Yong Personal accident insurance for coverage against accidents caused by uninsured automobiles is "personal accident insurance" for which the insured, in consideration of the risk that no compensation will be available when death or injury occurs in an accident involving an uninsured automobile, pays an insurance premium to an insurer, and receives assurance that even in such cases insurance payments will be forthcoming from the insurer according to the payment criteria of the concerned personal accident insurance policy. Although some elements may seem to be resonant of general insurance (i.e. property and casualty insurance), this similarity is only due to the fact that the main characteristics of personal accident insurance derive from purpose of the insurance, which is to compensate for real loss. It would therefore be difficult to categorize personal accident insurance as general insurance just on the basis of the fact that some elements of general insurance seem to appear in this insurance type. Issues regarding personal accident insurance should thus be resolved on the basis of legal principles governing personal accident insurance, and should not rely on principles guiding general insurance. In this context, multiple personal accident insurance policies for coverage against accidents caused by uninsured automobiles should be processed within the realm of personal accident insurance, and should not be dealt with in terms of "double insurance"from a general insurance perspective. As the purpose of personal accident insurance is to compensate for real loss, it would definitely be necessary to limit excessive compensation to the insured, but this can sufficiently be achieved through the interpretation of the concerned personal accident insurance policies, without having to borrow the concept of "double insurance" from general insurance. If the insured has multiple insurance policies for coverage against accidents involving uninsured automobiles, and if this person is killed or injured in a single accident involving an uninsured automobile, concerns of excessive compensation can be resolved through the provisions of the personal accident insurance policies of the insured, without invoking "double insurance"rules. Should the combined sum of compensation payments from all personal accident insurance policies of the insured not exceed the real loss amount, the insured will simply be entitled to this combined sum as the actual pay- ment amount. In the case that the combined sum exceeds the real loss amount, then, according to the provisions of personal accident policies, the actual payment amount can be limited to the real loss amount. In the latter case, the payment liability of the insurers to the insured is in the form of joint and several liability. Therefore, if a certain insurer has made a compensation payment that exceeds the amount that the insurer is responsible for according to the formula for compensation payment allocation, then this insurer may exercise the right to demand compensation for the excess payment amount from other insurers with which the insured had personal accident insurance policies.
【Abstract】 The Application of Double Insurance Rules on Personal Accident Insurance Coverage for Accidents Caused by Uninsured Automobiles Oh Ji Yong Personal accident insurance for coverage against accidents caused by uninsured automobiles is "personal accident insurance" for which the insured, in consideration of the risk that no compensation will be available when death or injury occurs in an accident involving an uninsured automobile, pays an insurance premium to an insurer, and receives assurance that even in such cases insurance payments will be forthcoming from the insurer according to the payment criteria of the concerned personal accident insurance policy. Although some elements may seem to be resonant of general insurance (i.e. property and casualty insurance), this similarity is only due to the fact that the main characteristics of personal accident insurance derive from purpose of the insurance, which is to compensate for real loss. It would therefore be difficult to categorize personal accident insurance as general insurance just on the basis of the fact that some elements of general insurance seem to appear in this insurance type. Issues regarding personal accident insurance should thus be resolved on the basis of legal principles governing personal accident insurance, and should not rely on principles guiding general insurance. In this context, multiple personal accident insurance policies for coverage against accidents caused by uninsured automobiles should be processed within the realm of personal accident insurance, and should not be dealt with in terms of "double insurance"from a general insurance perspective. As the purpose of personal accident insurance is to compensate for real loss, it would definitely be necessary to limit excessive compensation to the insured, but this can sufficiently be achieved through the interpretation of the concerned personal accident insurance policies, without having to borrow the concept of "double insurance" from general insurance. If the insured has multiple insurance policies for coverage against accidents involving uninsured automobiles, and if this person is killed or injured in a single accident involving an uninsured automobile, concerns of excessive compensation can be resolved through the provisions of the personal accident insurance policies of the insured, without invoking "double insurance"rules. Should the combined sum of compensation payments from all personal accident insurance policies of the insured not exceed the real loss amount, the insured will simply be entitled to this combined sum as the actual pay- ment amount. In the case that the combined sum exceeds the real loss amount, then, according to the provisions of personal accident policies, the actual payment amount can be limited to the real loss amount. In the latter case, the payment liability of the insurers to the insured is in the form of joint and several liability. Therefore, if a certain insurer has made a compensation payment that exceeds the amount that the insurer is responsible for according to the formula for compensation payment allocation, then this insurer may exercise the right to demand compensation for the excess payment amount from other insurers with which the insured had personal accident insurance policies.
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