| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 105 === The liability insurance is a kind of property insurance of which the object is the liability to indemnities of the insured to the third parties. The original aim of liability insurance is to disperse and transfer compensation liability of the insured for the third parties. However, with development of the liability insurance, the function of the modern liability insurance tends to center on fulfilling third parties’ loss. The third parties’ direct claim against insurers will become one of the most important respects of liability insurance. So this paper discuss three respects of third parties direct claim against insured.
Before talking about the main content, Chapter2 will introduce the fundamental legal problems of liability insurance, including the concept, characters, functions and defects of liability insurance. Then chapter3, chapter4 and chapter5 will discuss three important respect of direct claim.
The first important respect of my paper is about the scope of third parties direct claim. The point is whether the optional liability insurance ought to be deemed to provide direct claim rights for third parties. Some think that optional liability insurance should focus on “protecting the insured” instead of “protecting third parties”, only compulsory liability insurance which has important public policy goals such as ”protecting victims” can provide the direct claim. The paper hold the opposite view that the direct claim can be provided not only in the compulsory liability, but optional liability.
The second important respect of this paper is about the enforcement of this direct claim, including the nature, content, conditions affecting, limitation and prescription and so on. The requirements above may be different depending that direct claim apply to the optional liability or compulsory liability. For example, the insurer can be against direct claim of third parties if the insured can be against in the optional liability insurance, but the insurer could not be against direct claim even if the insured can be against.
The last part of the paper discuss Article 94-2 of the Insurance Act permitting direct claim of third parties to be made on the insure for compensation. Even Article 94-2 is a breakthrough in liability insurance, but it still has many questions. Some are argue that the Article 94-2 should be deleted, with concomitant amendment of Article 95. This paper do not agree with this opinion because the Article 94-2 is necessary to solve the difficulties that third parties may not achieve any compensation when the insured is without money or the insured do not notify the insurer. In addition, the defects of Article 94-2 may be consummated by the improvement of third parties direct claim.
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