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保险利益是保险法的基本概念之一,保险法第十二条规定,“保险利益是指投保人对保险标的具有的法律上承认的利益”。该条规定虽然为我们认定保险利益提供了法律依据,但是,无论是在保险业界还是民事审判领域中,依据该条对保险利益进行认定时,仍存在很大分歧,甚至引发争议。审判实践中,笔者曾碰到这样一个案例:某机械厂将其使用的一辆小客车向保险公司投保,后车辆发生保险事故,机械厂向保险公司索赔,保险公司以该厂非车辆所有权人为由拒绝理赔,机械厂遂提起诉讼。法院在审理过程中,针对当事人双
Insurance interests are one of the basic concepts of insurance law. Article 12 of the Insurance Law stipulates that “insurance interests refer to the legally recognized interests of the insured person in the subject matter of insurance.” Although this article provides a legal basis for the determination of the interests of insurance, there are still major differences in the recognition of insurance interests under this section, even in the field of insurance industry or civil judgment, and even cause controversy. Trial practice, I have encountered such a case: a mechanical plant will use a small passenger car insured to the insurance company, the vehicle after the accident occurred in insurance, machinery factory claim to the insurance company, the insurance company to the plant owner of the vehicle is not By rejecting the claim, the machinery factory filed a lawsuit. Court in the trial process, for the parties double