Double Insurance
32. Double insurance
(1) Where two or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Act, the assured is said to be over-insured by double insurance.
(2) Where the assured is over-insured by double insurance?
(a) The assured, unless the policy otherwise provides, may claim payment from the insurers in such order as he may think fit,
provided that he is not entitled to receive any sum in excess of the indemnity allowed by this Act;
(b) Where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation for
any sum received by him under any other policy without regard to the actual value of the subject-matter insured;
(c) Where the policy under which the assured claims is an unvalued policy he must give credit, as against the full insurable value, for any sum received by him under any other policy;
(d) Where the assured receives any sum in excess of the indemnity allowed by this Act, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves.
【概 要】
重複保険についての条項で、この法律で認められた填補額より複数の保険契約による保険金額の合計額が多い場合は超過保険として扱われます。被保険者が重複保険を付保した場合、別段の定めが無い限り自己の適当と思う保険者に支払い請求を行なうことができ、この法律で認められた填補限度額を超えない範囲で受取が可能な旨を規定しています。また、評価済保険証券及び評価未済保険証券の場合の超過保険に対する控除方法と超過受取額の扱いを規定しています。
