医疗费用保险竞合法律问题研究

发布时间：2018-04-23 07:10

本文选题：医疗费用保险竞合 + 重复保险　；参考：《烟台大学》2017年硕士论文

【摘要】：人们在生活中常常通过购买医疗费用保险为自身健康提供保障,但是在投保时往往对同一损失与多个保险人签订多份保险合同以此来降低损害发生时的风险,这便造成了实务上众多的医疗费用保险的竞合。例如既投保了城镇居民医疗保险又投保了商业医疗保险,当因意外导致医疗费用赔付问题时,两者都对其承担责任,如何划分两个保险人的保险责任就成为需要研究的问题。因此不仅要对我国当前关于医疗费用保险竞合的运行予以分析,还需要对国外的相关规定如“约定溢额保险条款”、“约定不负责条款”、“约定比例分摊条款”以及当出现相同或不同条款的保险合同竞合时责任的分配进行分析和研究,以便对我国责任分配的处理提供借鉴与参考。最后,结合我国国情和保险运行的现实情况对我国医疗费用保险竞合的处理原则和责任分配提出相关建议,包括社会医疗保险之间的竞合、商业医疗保险和社会医疗保险的竞合以及商业医疗保险之间的竞合,通过明确保险人责任,对不同情况下的医疗费用保险竞合进行责任分配,以便于出现医疗费用保险竞合纠纷时提供借鉴和参考。
[Abstract]:People often buy medical expense insurance to protect their health in life, but they often sign multiple insurance contracts for the same loss to reduce the risk of damage. This has resulted in a large number of medical expenses insurance in practice. For example, both urban residents' medical insurance and commercial medical insurance are insured. When medical expenses are paid due to accident, both of them are responsible for it. How to divide the insurance liability of two insurers becomes a problem that needs to be studied. Therefore, it is necessary not only to analyze the current operation of medical expense insurance in China, but also to analyze the relevant provisions of foreign countries, such as "agreed overflow insurance clause", "agreed non-liability clause", In order to provide reference for the handling of liability allocation in our country, the "agreed proportional allocation clause" and the distribution of liability when the same or different insurance contract concurs with each other are analyzed and studied. Finally, according to the situation of our country and the reality of insurance operation, the author puts forward some suggestions on the principle and responsibility distribution of medical expense insurance in China, including the concurrence of social medical insurance. The concurrence of commercial medical insurance and social medical insurance, as well as the competition between commercial medical insurance, by clarifying the insurer's liability, to the different cases of medical expenses insurance competing for the distribution of liability, In order to facilitate the emergence of medical expenses insurance disputes to provide reference and reference.
【学位授予单位】：烟台大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.284

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