A Discussion on Non-Authentic Joint and Several Liabilities in Double Insurance

摘要

Though each insurer of double insurance should pay insurance benefits to the insured for the insured events occurring during the period of validity of insurance contracts, the liability of each insurer to the insured is mutually independent and the insured is entitled to make a claim for indemnity of insurance benefits to whichever insurer within the scope of the sum insured according to the insurance contracts concluded respectively by the applicant and each insurer. Based on the principle of fairness, legislation provides that each insurer apportions the insurance liability in the proportion without any defenses against the insured. The liability of double insurance being neither the joint and several liabilities nor the liability on the basis of portion, it should be regarded as non-authentic joint and several liabilities. This paper suggests that the Insurance Law should be amended properly so as to faithfully protect the legitimate rights and interests of the insurer and the insured.