Document Type : Original Research Paper

Authors

• M. Safari
• M. Safarian

Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Iran

Abstract

In double insurance, the insured covers the single risk with several insurance policies. The negative aspect of the principle of full compensation prevents the payment of excess damages in double liability and property insurances. Double insurance is bound to the existence of conditions such as a single subject, a single risk, a single insured, and not excluding participation in the payment of damages. The upper limit of good faith also requires that in case of fraud of individuals in obtaining double insurance, all insurance policies will be invalidated. In the assumption of good faith, the accepted solution is that the insured can refer to any of the insurers up to the amount of the damage. In referring insurers to each other, the criterion of the condition of maximum amount and independent responsibility has been accepted. In order to avoid double payment of damages, insurers include conditions such as contribution calendar, liability waiver, and notification condition in insurance contracts. What will be analyzed in the current research will be the nature and conditions of realizing double insurance from the perspective of Iran's legal system in the shadow of comparative studies.

Keywords

• Principle of full compensate
• double insurance
• risk insurered
• insurer