论团体人身保险中投保人责任之抵偿

A Study on Compensation for Policyholder's Liability in Group Life Insurance

团体人身保险是以团体成员为保障对象,以集体名义投保并由保险人签发一份总的保险合同,保险人按合同规定向其团体中的成员提供保障的保险。于团体人身保险中,投保单位作为投保人在为团体成员投保后,能否因成员获得保险金而减少自身的责任乃学界及实践争议之焦点。在我国《保险法》及其相关法律法规对团体保险规定甚少的情况下,欲透析问题的本质,应以团体保险"成员福利"主旨为中心;厘清投保单位的雇主赔偿责任与保险给付责任本质差异性;明确团体人身保险中保险金请求权之归属;对责任保险与意外伤害保险下投保单位责任与保险金抵偿作类型化区分;同时应尊重投保单位与其团体成员之特别约定,以期破除团体保险实践瓶颈。

Group life insurance takes members of a group as the insureds.It is applied collectively and issued by the insurer as one insurance contract.And the insurer provides insurance protection for all members in accordance with the contract.In group life insurance,whether the policyholder can reduce its liability because its members are paid the insurance benefits has long been the focus of academic and practical controversy.China＇s ＂ Insurance Law＂ and relevant laws and regulations promulgate limited rules on group insurance.Under this situation,in order to explore on the nature of this problem,we should center the discussion on the ＂member welfare＂purpose of group insurance,clarify the essential differences between employer liability and insurance payment liability,confirm the ownership of insurance claims rights in group life insurance,and classify the liability of the insured unit and insurance compensation in liability insurance and accidental injury insurance.At the same time,we should respect the special agreements between the insured units and its members in order to remove the bottleneck in group insurance operation.