疫情營業中斷損失與保險人理賠責任之研究──以營業中斷保險條款設計與解釋為中心

A Study of Insurance Coverage for Pandemic and Business Interruption Losses: Focus on　the Design and Interpretation of the Business Interruption Insurance Clause

大規模新冠疫情影響著社會各層面，就經濟發展面向而言，各行各業均受疫情影響遭逢莫大損失。本文之研究對象，則為保險制度與企業因大規模疫情產生之營業中斷損失風險間之關係。當企業遭遇大規模疫情時，營業中斷相關保險之承保範圍，得否為其提供分散風險，消化損失之保險理賠功能，則需端視保險商品內容之設計暨保險契約條款之解釋。
基此，本文以大規模疫情衍生營業中斷損失之保險理賠法律爭議為探討，即企業經營者得否依據保險契約，向保險人請求保險金之理賠，以彌補疫情所生之營業中斷損失。本文參酌英國、南非、澳大利亞、加拿大及美國保險法制之司法實務見解適用情形為分析，並對於臺灣保險市場就大規模疫情相關保險商品為評估與建議，期可供為日後保險業界暨保險法制司法實務之運用。

The ramifications of the COVID-19 pandemic are still lingering at all levels to date, and as far as economic development is concerned, all industries have suffered great losses as a result of the pandemic. The subject of this research paper, is to discuss issues related to COVID-19 in the system of commercial insurance for pandemic-related business interruption risk. Business interruption insurance as a means of risk-distribution during the period of the pandemic, whether the contextual construction to design of pandemic-related insurance policies and the interpretation of these insurance contracts, make it an appropriate vehicle for spread pandemic risks to business enterprises or not.
Therefore, this research paper focus on legal issues on interaction between pandemic-related business interruption losses and the insurance claims by business enterprises are insured for business interruptions and losses caused by the pandemic. It examines the relevant judicial opinions of United Kingdom, South Africa, Australia, Canada, and United States. Further, it also analyzes how these relevant judicial opinions may or will affect coverage of insurance practice. Finally, a general overview of the coverage provided by the relevant insurance policies of Taiwanese insurance market is also discussed. The author hopes this research paper would support the relevant legal dispute on insurance practice and the judicial practice.