中国期刊全文数据库 共找到 8 条
[1]杨松. 新保险法修改的主要内容浅析[J]. 红河学院学报, 2004,(02) .
[2]何杨彪. 试论新《保险法》对消费者权益的保护[J]. 湖南财经高等专科学校学报, 2009,(04) .
[3]黄曼妮. 关于新《保险法》不可抗辩条款的思考[J]. 黑龙江金融, 2009,(09) .
[4]方志平. 试论新《保险法》背景下寿险的合规营销[J]. 上海保险, 2009,(04) .
[5]胡滨. 新《保险法》——彰显被保险人的利益保护[J]. 中国金融, 2009,(06) .
[6]李斌. 新《保险法》更注重投保人权益[J]. 新财经, 2009,(05) .
[7]袁建华. 2009新《保险法》的显著特点与实施效果预测[J]. 现代财经-天津财经大学学报, 2009,(09) .
[8]夏益国. 中国保险业规范发展的新起点——写在新《中华人民共和国保险法》颁布实施之际[J]. 中国保险, 2009,(09) .中国期刊全文数据库 共找到 5 条
[1]钟诚. 浅析新《保险法》的修订内容[J]. 北方经济, 2009,(14) .
[2]熊悠云. 浅谈保险企业如何应对新《保险法》带来的巨大挑战——基于风险管理的角度[J]. 经营管理者, 2009,(16) .
[3]李莎,符芸榕. 浅析法律对保险经营的影响[J]. 技术与市场, 2009,(09) .
[4]胡滨. 《保险法》修订及其对中国保险业的影响[J]. 金融与经济, 2009,(08) .
[5]李然. 从新保险法的几大变化谈保护保险消费者利益[J]. 金卡工程(经济与法), 2010,(03) .
中国优秀硕士学位论文全文数据库 共找到 2 条
[1]徐敏峰. 开放背景下我国保险资金运用研究[D]. 河海大学, 2005 .
[2]唐余. 我国保险合同纠纷解决机制探索[D]. 西南财经大学, 2007 .
中国期刊全文数据库 共找到 6 条
[1]张响贤,宣鸣,王勉. 论汽车保险费率市场化的趋势——从日本汽车保险费率的变迁谈起[J]. 保险研究, 2002,(01) .
[2]雷定安,刘学宁. 对人身保险不可抗辩条款的深层思考[J]. 东方论坛.青岛大学学报, 2002,(01) .
[3]侯刚. 对中国人寿保险中“不可抗辩条款”的思考[J]. 经营管理者, 2008,(16) .
[4]李莎,张建刚. 不可抗辩条款在我国的应用前景展望[J]. 当代经济, 2009,(07) .
[5]何惠珍. 保险投资:发展障碍与发展路径[J]. 广东金融学院学报, 2005,(04) .
[6]魏薇. 金融监管立法日趋成熟——解读新《保险法修订草案》[J]. 中国金融家, 2008,(09) .
保险论文英文参考文献
下面是我整理的保险论文英文参考文献，希望对大家有所帮助。
[1]Syed M.Ahsan， Ali A.G.Ali，and NJohn Kurian. Toward a Theory of Agricultural Insurance[J] .American Journal of Agricultural Economics，Vol. 64， No.3，Aug，1982
[2]Carl H.Nelson and Edna T.Loehman. Further Toward a Theory of Agricultural Insurance[ J] .American Journal of Agricultural Economics， Vol. 69’ No.3， Aug， 1987
[3] Barry K.Goodwin. An Empirical Analysis of the Demand for Multiple Peril Crop Insurance [J].American Journal of Agricultural Economics. Vol. 75，No. 2，May， 1993
[5] J.Lafrance，J.Shimshack and S.Wu. "Subsidized Crop Insurance and Extensive Margin"University of California，Berkeley，Department of Agricultural and Resource Economics and Policy，2
[6] Moschini G and Hennessy D.A. Uncertainty，Risk Aversion and Risk Management for Agricultural Producers [J] .American Journal of Agricultural Economics.21
[7] Barry K.Goodwin，Monte L.Vandeveer，and John L.Deal. An EmpiricalAnalysis of Acreage Effects of Participation In The Federal Crop Insurance Program[J].American Journal of Agricultural Economics. Vol. 86， No. 4，Nov， 24
[8] Keith H. Coble，Thomas O.Knight， Rulon D.Pope，and Jeffery R. Williams.An Expected-IndemnityApproach to the Measurement of Moral Hazard in Crop InsurancefJ] .American Journal of AgriculturalEconomics. Vol. 79，No. 1，Feb， 1997
人身保险论文范文
人身保险是以人的寿命和身体为保险标的的保险。当人们遭受不幸事故或因疾病、伤残、年老以致丧失工作能力、死亡或年老退休时，根据保险合同的约定，保险人对被保险人或受益人给付保险金或年金。以下是我精心准备的人身保险论文范文，大家可以参考以下内容哦！
摘 要： 保险利益是保险中经常强调的重要原则。在新保险法中做了相应的修订，添加了新的内容。我国保险利益的确定在利益原则基础上加入了同意主义的内容，以适应成文法国家的需要。此外，在与财产保险进行对比中发现人身保险利益的要求时效有所不同，是适应人身保险特点的体现。在人身保险时效的问题上进一步探讨了一个在案例中比较常见的离婚事件中的人身保险合同的解除与否，以及作为财产的分割问题。
关键词 ：保险利益 保险法 时效
保险法第三十一条规定：“投保人对下列人员具有保险利益：（一）本人；（二）配偶、子女、父母；（三）前项以外与投保人有抚养、赡养或者扶养关系的家庭其他成员、近亲属；（四）与投保人有劳动关系的劳动者。除前款规定外，被保险人同意投保人为其订立合同的视为投保人对被保险个人具有保险利益。”
一、新增雇主与雇员间保险利益
在与旧保险法的对比中可以看到，三十一条第四款的规定是新增内容，认可了雇主与雇员之间存在保险利益。同时又在三十九条中规定：“投保人为与其有劳动关系的劳动者投保人身保险，不得指定被保险人及其近亲属以外的人为受益人。”此项规定在肯定了雇主对雇员的保险利益之后又对它可能引起的道德风险进行了限定。雇主对雇员的保险利益来源于雇员对企业的价值，雇员可以为企业创造利润，一旦雇员死亡，则其工作必然要停止，会对公司产生一定的影响，使公司遭受损失。但从这一方面来看的话，似乎不应对保险的受益人进行如此硬性的规定。但是保险法的立法似乎是站在另一个角度来看待这个问题，从对受益人的限定上来看，雇主为雇员投保的人身保险是雇员的一项福利，在其死后由其近亲属获得，类似死亡赔偿金。
二、关于人身保险的保险利益问题
在人身保险的保险利益问题上，还有值得强调的一点是：人身保险要求在订立保险合同时，投保人对被保险人具有保险利益。人身保险因为以被保险人的寿命和身体为保险标的而具有其特殊性。首先，为了防范道德风险，保障被保险人的人身安全，要求投保人对被保险人具有保险利益，同时对受益人的确定也规定要征得被保险人的同意。其次，是对保险利益要求时效的分析。人身保险要求在订立保险合同时投保人对被保险人具有保险利益，而不是保险事故发生时。这是因为
（1）人身保险合同不是补偿性合同，所以不必要求保险事故发生时投保人对保险标的一定具有保险利益。人身保险的保险利益规定其目的在于防范道德风险和赌博行为，如果签约时做了严格控制，道德风险一般较少发生于保险合同有效期内。
（2）人身保险合同的保险标的是人，基于投保人与被保险人的血缘、婚姻、雇佣等关系而产生的保险利益极易由于人们的某些行为而消失，而寿险合同多为长期合同，因此此项规定有助于维持寿险合同的继续进行，既保障被保险人的利益，也对保险公司的经营有利。而且寿险合同多具有储蓄性，被保险人受保险合同保障的权利不能因为投保人与被保险人保险利益的丧失而被剥夺，否则，有违保险宗旨，也有失公平。
2.下面就由于婚姻关系发生变化导致的保险合同以及保险利益的问题做几点说明。首先，保险利益在婚姻关系解除时发生了变化:投保人与被保险人不再具有保险法上规定的保险利益关系。又由于保险法在人身保险合同的保险利益问题上强调保险合同订立时存在保险利益，所以合同可以继续有效，但是相应的又会出现关于财产分割等一些的问题。而人身保险虽然带有一定的储蓄性，但却不同于银行的储蓄存款，可以随意进行分割。2003年12月8日《最高人民法院关于审理保险纠纷案件若干问题的解释(征求意见稿)》对这个问题进行了相关的规定，因受益人的不同进行区别对待：
2.1以子女为受益人的，在投保人解除合同时被保险人可以继续缴纳保险费维持保险合同继续有效，不需要对投保人支付保单现金价值。在以子女为受益人的问题上，不需要对财产进行分割，当然也不需要返还现金价值，因为夫妻双方即使离婚对子女仍然具有无限的责任，在一定程度上相当于子女继承父母的财产。
2.2投保人以共同财产投保，以其配偶为被保险人而以自己或其近亲属为受益人的， 离婚时保险合同解除，应返还对方一半的现金价值。投保人以自己或其近亲属为受益人，在离婚后不存在保险利益，易引发道德风险，危及被保险人生命，保险合同应解除。但是由于保险合同是以夫妻共有财产来投保的，所以应返还被保险人一半的现金价值。
2.3当投保人以共同财产投保，以其配偶为被保险人并且以对方或其近亲属为受益人的，被保险人可以继续缴纳保费，要返还投保人一半的现金价值。在以被保险人或其近亲属为受益人的保险合同中，即使投保人与被保险人离婚也不至于存在危及被保险人生命的道德风险，因此保险合同可以继续维持，在被保险人要求继续缴纳保费的条件下，应返还投保人一半的现金价值。
3.法律在对这个问题进行规定时遵循了几个方面的原则：首先，以被保险人的生命为标的的人身保险必须不能存在危及被保险人生命的道德风险。其次，对保单的.现金价值进行了合理分配：该不该返还；谁来返还；返还多少等问题。保单现金价值可以看作保险人对投保人的负债，是保单解除时返还投保人的那部分价值。离婚时需要进行分配的财产当然也包括人寿保单中的这部分价值。因为保单保障的是被保险人的身体、寿命，对受益人支付保险金，所以投保人中途解除保险合同只可以得到属于自己的那部分现金价值，而不能觊觎数额较大的保险金。至于以子女为受益人的情形可以看作遗产的继承，因而不需要返还保单的现金价值。现金价值的返还是由离婚后保单的持有人来进行返还的，因为他拿到了之前的保单现金价值，理应对投保一方作出补偿。至于返还多少，则应视原投保人对保单的贡献而定，若以其自己的财产投保，则应全部返还；若以双方共同财产投保，则应返还一半的现金价值。最后，这些规定的实施，均可以降低保单的失效率，维护保险公司以及投保人的利益。若一味地强调保险利益，而在保险利益丧失后只得结束保险合同，这将不利于保险事业的发展。
参考文献
[1]韦生琼.人身保险 [M].西南财经大学出版社，2004.
[2]孙蓉.保险法概论 [M].成都：西南财经大学出版社，2004.
[3]方志平.论保险利益的区分认定及其效果 [J].上海保险，2010(03).
1、论文题目：要求准确、简练、醒目、新颖。
2、目录：目录是论文中主要段落的简表。（短篇论文不必列目录）
3、提要：是文章主要内容的摘录，要求短、精、完整。字数少可几十字，多不超过三百字为宜。
4、关键词或主题词：关键词是从论文的题名、提要和正文中选取出来的，是对表述论文的中心内容有实质意义的词汇。关键词是用作机系统标引论文内容特征的词语，便于信息系统汇集，以供读者检索。 每篇论文一般选取3-8个词汇作为关键词，另起一行，排在“提要”的左下方。
主题词是经过规范化的词，在确定主题词时，要对论文进行主题，依照标引和组配规则转换成主题词表中的规范词语。
5、论文正文：
（1）引言：引言又称前言、序言和导言，用在论文的开头。 引言一般要概括地写出作者意图，说明选题的目的和意义, 并指出论文写作的范围。引言要短小精悍、紧扣主题。
〈2）论文正文：正文是论文的主体，正文应包括论点、论据、 论证过程和结论。主体部分包括以下内容：
a.提出-论点；
b.分析问题-论据和论证；
c.解决问题-论证与步骤；
d.结论。
6、一篇论文的参考文献是将论文在和写作中可参考或引证的主要文献资料，列于论文的末尾。参考文献应另起一页，标注方式按《GB7714-87文后参考文献著录规则》进行。
中文：标题--作者--出版物信息（版地、版者、版期）：作者--标题--出版物信息所列参考文献的要求是：
（1）所列参考文献应是正式出版物，以便读者考证。
（2）所列举的参考文献要标明序号、著作或文章的标题、作者、出版物信息。
是否可以解决您的问题？
英文文献原文
Setting Realistic Reserves -- Projecting the Company's Future Obligations
By Robert J. Prahl, CPCU
Director of Education
American Association of Insurance Services (AAIS), Wheaton, IL
According to a recent National Underwriter article, property casualty insurers collectively made reserve adjustments totaling approximately $20 billion in 2002. The companies that announced these reserve increases were among the most conservatively managed operations in the business, which suggests that there may be more companies yet to "take a hit." There is concern that these reserve deficiencies will further weaken insurer balance sheets and limit future growth, and that some companies may not be able to pay, while others will dispute claims.
What is a reserve and why can they have such a dramatic effect on the underlying financial strength of the property-casualty industry?
A reserve, stated simply, is a sum of money that is set aside from surplus into the liability account to meet some future obligation. Since reserves represent future obligations of an insurance company, they are classified as liabilities on the company's balance sheet. Reserves are obviously important since they can be a measure of a company's financial health. Improper reserves, either inadequate or excessive, can present a false picture of a company's financial condition and lead to serious problems.
The two principal types of reserves established by insurance companies are claim reserves and unearned premium reserves. Unearned premium reserves represent that portion of the premium that has not been earned or used up at any particular time. For example, the earned premium on a one-year policy generating $1,000 in premium that is canceled after three months is $250. (One-fourth of $1,000 has been earned.) The unearned portion of the premium at this point is $750. Since the company has not yet earned the $750, it must be set aside as a reserve.
Although unearned premium reserves are an important factor in determining a company's financial position and future production capacity, the focus of this discussion is on claim reserves. To understand the significance of claim reserves, it is necessary that three basic questions be answered. They are:
1. What is a claim reserve?
2. Why are claim reserves necessary?
3. How are claim reserves established?
What Is a Claim Reserve?
A claim reserve is an estimate of what a claim will cost. The reserve represents money that is set aside for the eventual payment of a claim. From the company's standpoint, a claim is incurred when it happens, regardless of when in the future it is paid.
Some companies include estimated claim expenses in the reserve amount while others establish a separate reserve for the claim and a separate reserve for anticipated expenses, such as independent adjuster fees, legal fees, charges for police reports, hospital records, appraisals, and so on.
Still others "bulk" reserves for expense amounts.
Why Are Claim Reserves Necessary?
Insurance is characterized as an "intangible" product because the insured does not receive anything material or tangible for his or her premium dollar until a claim is paid. The payment of a claim is what consummates the insurance contract. It is especially important, therefore, that when claims become due, money is available to meet those obligations. Insurance companies are regulated for solvency so that they will be able to pay claims in the future.
With respect to liability claims, and particularly bodily injury liability claims, years may pass before a claim is paid. This might be due to the fact that time is needed for the injury to heal or because the claim is in litigation. Because of the extended time involved before such claims are finally settled and closed, bodily injury liability claims are sometimes referred to as "long tail" claims.
Since an insurer has an obligation to pay covered claims, it is understandably important that funds be available for this purpose when claims are ultimately settled.
Claim reserves are necessary to properly recognize, at any given time, a company's future obligations.
The importance of proper reserving is further demonstrated by the fact that claim reserves are required by insurance regulatory law. In addition, the reserving practices of companies are periodically audited by state insurance departments in an effort to recognize potential problems and to take corrective action to avoid company insolvencies.
The importance of reserving was expressed by Conning Research & Consulting, Inc., in a January 2003 report titled "Property-Casualty Reserve Adequacy; Digging Deeper."
". . . . The ongoing recession, the rising cost of medical care, the emergence of mold and re-emergence of asbestos and other environmental claims, and the lingering impact of September 11, have all contributed to the pressure mounting on P-C insurers' reserves. Despite the fact that loss reserves are the largest liability on insurers' balance sheets, most stakeholders (employees, regulators, investors and agents/brokers) do not critically examine their adequacy. Individual company results, particularly for a single line, are likely to differ, often dramatically, from those of the industry. The survival of some insurers and reinsurers may well depend on their ability to accurately reserve and appropriately price."
The report is available by calling toll free (888) 707-1177, or by accessing the company's Web site at www.conningresearch.com.
Improper reserving, both under-reserving and over-reserving, adversely affect a company's financial position. Inadequate reserves understate a company's liabilities and overstate its surplus. The following example, although admittedly an oversimplification, should help demonstrate the effect of under reserving.
A basic accounting principle is that assets minus liabilities equal surplus.
In this hypothetical example, assume that assets are $1,000 and liabilities are $750. For purposes of illustration, assume further that liabilities are comprised totally of claim reserves.
Suppose, however, that this particular company has a serious under-reserving problem, and as claims are ultimately settled, they actually cost $950, instead of the $750 originally estimated. Under these circumstances, the balance sheet would appear as follows:
It is evident here that as claims are settled, the company must draw from its surplus in order to meet its claim settlement obligations. If such a situation continues unchecked, and surplus is depleted, the company faces insolvency.
In addition to the fact that inadequate reserving understates the company's liabilities and overstates its surplus, it also may have a negative effect on rate making. Since reserves are an integral part of rate making, inadequate reserves can result in rates that are lower than they should be and this may hasten a company's decline.
Over-reserving can create problems as well. Over-reserving understates a company's financial strength and may create the false impression that rate increases are necessary or justified. In addition, since earnings are understated, the company pays less taxes. A company suspected of over-reserving invites audits by the tax authorities that could result in penalties being assessed against it.
In summary, claim reserves are necessary to properly recognize a company's future obligations. Proper reserving is important in order to accurately reflect a company's financial position. The importance of proper reserving is further demonstrated by the attention given to companies' loss reserving practices by the various state insurance departments.
How Are Claim Reserves Established?
Claim reserves are established essentially in two ways:
1. statistically or actuarially by monitoring past lost
experience and projecting future losses;
2. subjectively by the claim person's judgment.
Types of Reserves
Average or Formula reserves - Average or formula reserves are set statistically by the actuarial or accounting department and are based on past loss experience and adjusted periodically.
Assets - Liabilities = Surplus
$1,000 - $750 = $250
Assets - Liabilities = Surplus
$1,000 - $750 = $250 (estimated)
$1,000 - $950 = $ 50 (actual)
This reserving method usually is applied to high-volume type claims such as auto collision, comprehensive, property damage, and medical payments where payments generally are minimal and claims settled fairly quickly. The extent to which average reserves are used varies by company and by line of insurance. Since these reserves are set, for the most part, by the accounting or statistical department, they are not of primary concern to claim people.
Incurred But Not Reported (IBNR) - Frequently, losses or accidents that have already happened are not reported for weeks, months, or even years after the incident. This is quite common after a catastrophe such as a hurricane or tornado, when early on the company does not know with any accuracy the number or amount of claims that will be generated as a result of the catastrophe. It knows losses have been incurred, but realizes that many of those losses will not be reported immediately. In such cases, it estimates the losses it believes to have been incurred but not yet reported. Despite the fact that these claims have not been reported, they are incurred from the company's standpoint when they happen. Hence, the phrase "incurred but not reported" is used to describe this type of reserve.
With regard to liability claims, accident reports may be delayed for a variety of reasons. Aside from the normal time lag in reporting claims, the insured may be initially unaware that insurance coverage is available for the claim or the claimant may not immediately recognize that the policyholder may have been responsible for the accident. Products liability, medical malpractice, and latent disease claims (i.e., asbestos or leadrelated claims) where injuries may not be evident for years after the occurrence or exposure, have magnified reserving problems associated with properly estimating IBNR reserves.
Whatever the reason for the delayed report, it is reasonably safe to assume that a company always has outstanding claims that have not yet been reported. Estimates for IBNR reserves ordinarily are based on past experience, to the extent possible. They may be further modified by what actuaries believe are relatively certain projections regarding claim frequency and severity. With respect to catastrophe losses, the claim practitioner can estimate the areas (states, counties, etc.) and number of insureds who may have sustained damage to arrive at an IBNR reserve, which may change from month to month.
In any event, such reserves are established by actuaries and senior management and, like average reserves, do not require the attention of claim people.
Individual Case Reserves - Individual case reserves are reserves set subjectively by the claim person on an individual claim basis. After considering the many factors associated with the claim, the claim handler uses his or her judgment to set the case reserve. Case reserves are typically applied to claims that remain open for an extended period of time and are most commonly associated with bodily injury liability claims. Many companies modify case reserves statistically, based on past and projected loss experience.
There is no magic or proven formula for setting individual case reserves. They are established essentially by the judgment and experience of the claim practitioner. Proper and realistic case reserving is one of the primary responsibilities of the claim department. Who sets the reserve, whether it be the adjuster, supervisor, or manager, is determined by individual company claim policy. Regardless of who sets the reserve, however, the claim adjuster is in an ideal position to furnish the kind of information necessary to set accurate and realistic case reserves. This necessary information includes the adjuster's opinion of legal liability, nature and extent of the injury or damage, medical bills, and so on.
Precisely when in the life of a claim a case reserve is established varies by company and by line of insurance .Some companies require that case reserves be established immediately after the initial investigation is completed or within 30 days from notice of claim. Other companies defer setting case reserves for as long as three or even six months, so that sufficient information can be obtained to set a relatively realistic reserve. Until that time, these claims usually carry an average reserve.
The more specific information the adjuster obtains about the loss or claim, the more accurate the reserve will be. With the necessary information, the person responsible for setting the reserve can make a fairly accurate assessment of the company's exposure and decide upon a monetary figure that represents the ultimate cost of the claim.
In those cases in which little or no payment is contemplated, such as where the insured's liability is doubtful and the case will be defended or settled on a compromise basis, the expense factor must be considered. An expense reserve is usually established to reflect the fact that considerable investigative and legal expenses will be incurred to defend the claim.
One of the problems with setting case reserves for a bodily injury claim is that it is difficult to estimate the ultimate cost of a claim with only limited information about the injury and no specific indication of how and to what extent the injured person will recover. In addition, important information about the claim or injury may not be known at the time the reserve is established. A turn for the worse in the claimant's injury, for example, may render the initial reserve inadequate. Or a witness adverse to the insured's position may be discovered later in the life of a claim.
The following hypothetical example or analogy might help newer claim people understand the case reserving process more clearly:
Assume that a family of four is planning a 10-day vacation that will include driving to a resort area several hundred miles from home. The family estimates that the entire vacation will cost $5,000. This includes meals, hotel, gasoline, tolls, and some fun money. Will the family simply budget for $5,000? Maybe, maybe not .It is evident that there is an element of uncertainty in making a trip of this nature, and unforeseen events could arise that increase the cost of the vacation. What if the car breaks down on the way? What if a family member gets sick and must be taken to a hospital emergency room? What if the driver gets ticketed for speeding?
For these reasons, it usually is necessary to carry additional funds (or add in a cushion for safety) to meet these potential contingencies. In all likelihood, the family will budget some extra amount for unforeseen contingencies, perhaps $5,500 or $6,000.
Although the family will try to keep within its $5,000 budget, chances are that the cost of the vacation could exceed the $5,000 estimate. Likening this to a claim reserving situation, some claim people may use the $5,000 as a reserve while others take a more cautious or conservative view and add in an allowance for uncertainty, and might reserve the claim at $5,500 or $6,000.
Case reserves should be checked periodically. Although most companies prefer that the initial reserve accurately reflect the ultimate probable cost of the claim, reality suggests rather strongly that reserves need to be adjusted periodically. As new developments occur in a claim, whether favorable or adverse, reserves should be revised to reflect those developments .
Conclusion
Although claim case reserving philosophy may vary by company, regardless of the methods used, accurate claim reserving is a major component of the overall claims process. Not only does it serve as a measure of a company's financial health, but it provides a picture of claim trends and assists underwriters in determining whether pricing is realistic or whether action is needed to improve results. It may be the primary responsibility of the claim department, but claim reserving affects the entire company. An awareness and understanding of reserves by the various functional departments contributes to more informed and effective collaboration in gauging potential outcomes and taking the proper steps to improve overall results.
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