被保险人故意犯罪致保险事故发生的法律后果——从公共政策的角度分析

保险领域中,公共政策要求“一个人不能从自己的犯罪中获利”,但须区分“一个人不能从他人的犯罪中获利”之情形。被保险人故意犯罪致保险事故发生,应视保险目的与功能而异其法律后果:若被保险人因预谋犯罪而直接谋求保险金,保险人当然免责;若被保险人在投保二年后故意犯罪致保险事故发生,则保险人虽不负给付保险金之责,但应退还保险单的现金价值;若故意犯罪并非保险事故发生的直接原因,保险人不能当然免责。

The Legal Effects of the Insurance Accident Caused by the Insured's Intentional Crime--Analyzed by the public policy

In the realm of insurance,the public policy requests " a person can't benefit from his own crime ",but we should distinguish it from the situation,namely " a person can't benefit from other people's crime".Therefore,this paper believes that the insurance accidents,caused by the insured intentionally,may result in different legal effects according to the insurance purposes and its functions.Firstly,the insured excuses certainly non-compliance if the insured seeks directly the premiums by the premeditated crime.Secondly,if the insured causes the insurance accident by intentional crime after two years,the insurer mustn't pay the insured the premium,but should return the cash of the policy to him.Thirdly,the insurer can't certainly excuse non-compliance,if the intentional crime isn't the direct reason of the insurance accident.