意外傷害險之“意外傷害”認定研究.pdf

1、華中科技大學碩士學位論文意外傷害險之“意外傷害”認定研究姓名：熊玲申請學位級別：碩士專業：民商法指導教師：藍壽榮20070601華 中 科 技 大 學 碩 士 學 位 論 文 IIAbstract Accident insurance contract is a type of personal liability insurance contract that the insured and the insurer agreed th

2、at when the insured person suffered injury , disability or death, the insurer have the responsibility to pay insurance to the insured for the accident .However it’s difficult to identify the meaning of accidental injury

3、accurately . Accidental injuries included two meanings both “accident“ and “injury“, injury means physical harm, that’s no doubt of it! Although a variety of forms, the injury itself is a clear definition with less contr

4、oversy. And the focus is primarily on the concept of “accident“. Generally speaking, it often leads to a very different outcome with different identification. This paper analyzes that the accident injury is composed of t

5、hree elements: unintended (include the nature), external and the sudden. The paper pointed that the unintended means the insured person’s subject state at the time of the accident happening, and opposite to unintended, t

6、hat is “original intent“ of the insured. The accidents that the Parties should being expected but actually not due to overly confident and negligent can be identified accidental injuries. Meanwhile the another special ty

7、pe accident that the parties were forced to escape from the danger or suffered injuries for the country and the collective public interest or saving the lives of others should be also included into accidents. In addition

8、, the paper has applied the principle of proximate cause in the insurance theory accidents to identify the cause-and-effect relationship between the accident and injury. With the introduction of a new theory, we can find

9、 a better way to balance the interests of the parties in accident insurance. This is a middle road which can be said to be a perfect approach and development that is a worthy lesson. Finally, the paper analyzed some typi

10、cal accidental injury cases, especially the medical incidents. Medical incidents are similar to accidental injury, and also there is a obvious distinction between medical incidents and accidental injury. In this paper I

11、will do a comprehensive classification of the medical incidents. Only the medical incidents which consist of accidental injury three elements be can identified as accidental injury. Key words: accident insurance accid