| Summary: | 碩士 === 國立高雄海洋科技大學 === 航運管理研究所 === 103 === The risks of the cargo in transit could not be predicted in international trade. For buyers and sellers are involved in different cargo risk transfer. Therefore, considering different risks and different types of insurance policies when purchasing insurance can lead to insurance policies be prone to overlap. This study based on marine insurance and other insurance on the basis of principle of indemnity, in connecting the gap during may produce the insurance among different insurance policy in the continuous insurance coursing. Besides, proposed that may occur other insurance problems and examined the effects were caused by other insurance and claim problem during the overlap period for insurance problems in the marine insurance context. Furthermore, this study analyzed the various stages of the court content of the Supreme Court Verdict No. 379 in 2005.
This study compared with other insurance, double insurance and defined the other insurance as the same insurance events that occur during the same insurance period and liability for the same loss is not exactly the same insurance interest with two or more of insurance contracts. In those elements of other insurance, first, two or more insurance contracts are effective and happen in the same or overlapping period of insurance. Second, caused by the insurance contract between the different insurance indemnity claims repeat after the same insurance events occur. Lastly, insurance interest between the different insurance contracts are not the same.
The "other insurance" in term to be standardized in some insurance policies, but there is no complete description in the insurance law. Thus, this paper would like to suggest that furthers to amend the Insurance Law and it should have independent insurance legislation, define the laws, regulations and standards applicable to other insurance in order to clarify the difference between the double insurance and other insurance to reduce insurance claims disputes.
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