对重复保险若干问题的思考

Consideration on Some Problems about Repeated Insurance

重复保险的立法是以贯彻保险补偿精神、防止不当得利及道德风险的发生、实现各保险人对损失的合理分摊为原则。保险人订立重复保险合同时,对保险人负有重复保险的如实通知义务。凡是投保人出于恶意,以骗取保险金为目的订立的保险合同无效。

The repeated insurance is to carry out the principle of insurance compensation, prevent from the occurrence of unjust enrichment and moral risk, and realize the reasonable share of the loss for each insurer. When the insurer signs the repeated insurance contract, he should be informed of the truth of the repeated insurance. If policy holder cheats to obtain premium, due to the malice, the insurance contract signed will be of no effect.