责任保险保险事故理论的反思与重建

Introspection on the Theory of Insurance Accident in Liability Insurance and Theoretical Reconstruction

受积极财产保险独大的理论背景的影响,传统的以损害事故说、请求说等为代表的责任保险保险事故学说均有不足之处。科学界定责任保险保险事故,首先应严格区分赔偿责任关系中受害第三者的损害及责任保险关系中被保险人的损害。被保险人期望以责任保险分散的除承担责任的风险外,还有应付纷争的风险,当被保险人受到第三者赔偿请求时,纵使该请求不当,对被保险人仍属不利益,保险人应履行协助抗辩的义务,在赔偿责任确定时,被保险人方享有保险金请求权。故以第三者请求为标志的被保险人不利益的发生,应构成责任保险的保险事故。

The traditional doctrines about liability insurance＇s insurance accident have some flaws under the influ- ence of proactive property＆ casualty insurance theories. To define what is the liability insurance＇s insurance acci- dent academically, we should first strictly distinguish the damages to the insured and that to the third party. As it is expected by the insured ,the insurer＇s obligation is not limited to compensating for the damages as it is covered in the liability insurance, but should also extend to the possible claim from the third party, because the latter may result in damages to the insured person. Therefore, the insurer should fulfill its obligation of plea against such claim. But when the liability to the third party is determined, the insured can exercise the claims for insurance compensation. The occurrence of the insured＇s non-interest due to the claim by a third party should be recognized as the insurance accident of liability insurance.