我国的保险法第十条(2002年10月28日通过)规定保险合.pptVIP

Lecture Five: Analysis Insurance Contracts Learning Objectives  Identify the characteristics of an insurance contract Identify the basic parts of any insurance contract Explain the meaning of an “insured” in an insurance contract Explain how coinsurance works in a property insurance contract Explain how coinsurance works in a health insurance contract Describe the common types of deductibles that appear in insurance contracts Explain what happens when more than one insurance contract covers the same loss Main Contents An Insurance Contract and Its Characteristics Basic Parts of An Insurance Contract Definition of the “Insured” Endorsements and Riders Deductibles Coinsurance Other Insurance Provisions What’s an Insurance Contract? Definition of an insurance contract An insurance contract is a legally binding agreement creating rights and duties for the two parties of the insurer and the insured. The insured should pay premium to the insurer, the insurer should pay the loss of the insured under the agreement. 我国《保险法》第十条（2002年10月28日通过）规定：保险合同是投保人与保险人约定保险权利与义务关系的协议。投保人是指与保险人订立保险合同并按照保险合同负有支付保险费义务的人；保险人是指与投保人订立保险合同，并承担赔偿或者给付责任的保险公司。 Definition of an insurance contract It is a legally valid agreement between two parties (the insurer and the insured) On one hand, an insurance contract has common features with other contracts; on the other, it has more characteristics Characteristics of an Insurance Contract Bilateral Contract Aleatory Contract Indemnity Contract Conditional contract Personal contract Adhesion contract Bilateral contract (双务性） Some contracts are Unilateral(双务性）, that is, only one party makes a enforceable promise, the other party do not need. Most commercial contracts are Bilateral (单务性）, that is each party makes a legally enforceable promise to the other party. If one party fails to perform, the other party can insist on performance or can sue for damages because of the breach of contract. How about insurance c