A Study On Main Contentions Arising From Claims of Fire Insurance

• Main Authors: Szu-Chi Yen, 顏思齊
• Other Authors: Tong-Liang Kao
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/80727090867329261074

碩士 === 淡江大學 === 保險學系保險經營碩士在職專班 === 96 === Insurance system is designed to protect and maintain the financial stability of an individual and the society as a whole. Fire insurance has always been playing a key role in stabilizing the economic development. Coming along with the economic growth, the demand of insurance cover is increasing day by day and so is the complexity and varieties of claims disputes. This essay attempts to review and analysis from different perspectives- academic theories, policies analysis and legal precedent-- the most common Fire Insurance Claims Disputes between the insurer and the insured. For the purpose of this essay, Fire claims-handling is divided into three phases- i) factual investigation, ii) loss assessment and iii) Conclusion. There are four major parts of this essay, namely i) an analysis of fire insurance policies together with general claims handling practices; ii) disputes over policy liability; iii) disputes over loss/compensation assessment and iv) disputes over legitimated payee and issues related to subrogation. This essay concluded by making certain suggestions to underwriters, claims-handlers/adjusters and Insureds so that those common disputes, such as ambiguity of policy wordings or unrealistic expectation of the insured, could be avoided. Meanwhile, this is also suggested to amend Article 54 of the Insurance Law because it would appear that the current version is no longer suitable for the insurance market of today.