机动车第三者责任险被保险人之扩张及其限度——以共同被保险人为中心

The Expansion and Limit of The Insured in Third-party Motor Liability Insurance——With the Co-insured at the Center

在机动车第三者责任险中,被保险人的范围不仅包含记名被保险人,而且扩张包括共同被保险人。共同被保险人是"记名被保险人允许的合法驾驶人",此乃按照"与记名被保险人有一定关系之人为共同被保险人"的"从人原则"所确定。在适用从人原则时,有三个问题需厘清:"允许"的解释应基于偏离记名被保险人允许的程度来弹性判断;"辗转允许"要根据记名被保险人授权范围的大小来判定共同被保险人的范围;"合法"的解释基于机动车商业第三者责任险与机动车强制责任险的不同而有所区别,前者要严格解释,而后者为保障受害人应从宽解释,违章驾驶人也应纳入共同被保险人的范围。

In the third-party motor liability insurance, except for the named insured, the insured also includes the co-insured. The co-insured is the driver that the named insured permits as the legal driver. This is established in accordance with the principle that the person who has certain relationship with the named insured is recognized as the co-insured. For the application of this principle, there are three issues to be clarified. The interpretation of ＂permission＂ is based on a flexible judgment of the degree of deviation from the permission of the named insured. The ＂the removed permission＂ is to establish the scope of the co-insured on the basis of the authorization of the named insured. The interpretation of legality should distinguish between the commercial third-party motor liability insurance and the compulsory motor liability insurance. The former shall be strictly interpreted, while the latter must be liberally interpreted for the protection of victims. Illegal drivers should be included in the scope of the co-insured.