风险管理与保险1428_[全文].doc

Principles of Risk Management and Insurance 风险管理与保险 Major Reference GEORGE E1/a. REJDA Ninth Edition (2005) 高应大金融系 谢坤民 编著 PART TWO Legal Principles in Risk and Insurance Chapter 5 Fundamental Legal Principles Chapter 6 Analysis of Insurance Contracts Chapter5 Fundamental Legal Principles 法定基本原则 (一)Principles of Indemnity补偿原则 states that the insurer agrees to pay no more than the actual amount of the loss。保险人所赔偿之金额不超过真正之损失金额。大部份之产物保险契约为损失补偿契约。其目的有二个∶ (1)prevent the insured from profiting from a loss预防被保险人不当得利 (2)reduce moral hazard减少道德危险 (1)Actual Cash Value实际现金价值 which is defined as replacement cost less depreciation, supports the principle of indemnity since it is designed to prevent profiting from insurance 1.Replacement Cost less depreciation 2.Fair Market Value公平市价 (2)Exceptions to the principles of indemnity 例外 1.Valued Policy定值保单：A valued policy pays the face amount in the event of a total loss. 全部损失发生以保险金额赔付 Thus, it is an exception to the principle of indemnity since the amount paid could be more than what the property is actually worth 2.Replacement Cost Insurance：Replacement cost insurance means there is no deduction for depreciation, which allows the insured to be made better off by receiving new property for old no deduction for depreciation 3.Life Insurance is a valued policy为定额保险 A life insurance policy is also an exception to the principle of indemnity because it is a valued policy that pays a stated sum to the beneficiary upon the insured’s death. It is difficult to determine accurately the value of a human life, and the amount paid may substantially exceed the economic value of the insured’s life. The human life value approach gives a crude estimate of how much a person#039;s life is worth, but few people insure their lives fully, and all losses are total. (二)Principle of Insurable Interest 保险利益原则