責任保險人之權利保留通知義務──以美國之責任保險法整編為核心

The Liability Insurer’s Duty to Give Reservation of Rights Notice to Contest a Claim: Focusing on the Restatement of the Law, Liability Insurance

現代保險制度強調誠信善意與公平交易，要求一方當事人不得為了獲得契約上之利益而做出傷害他方當事人之行為。責任保險因涉及第三人，不同於一般保險，且保險人是否需負最後的補償責任，繫於被保險人與第三人之責任關係。因此，保險人與被保險人之利益並非總是一致，可能產生利益衝突，此時，應要求保險人將利益衝突之情況通知被保險人，使被保險人能瞭解賠案之情況，並就自己的利益為相關安排。課予保險人權利保留通知之義務，即屬平衡保險契約當事人地位之做法。本文以美國法制發展為重心，尤其著重在美國法律協會之責任保險法整編之相關規定，介紹及探討責任保險人權利保留通知制度之意義、性質與法律效果。最後，本文剖析我國現況與潛在缺失，參酌美國法之內涵，提出法規與條款之修正建議，期能成為主管機關與相關單位之參考。

The principle of good faith and fair dealing is emphasized by the modern insurance system, which requires that neither party to an insurance contract do anything that will injure the other’s right to receive the benefit of their agreement. Liability insurance which involves a third party is different from general insurance and whether the insurer needs to bear the duty of indemnity depends on the claim between the insured and the third party. Therefore, the interests of the insurer and the insured are not always allied and there might be a conflict of interest between them. At this time, the insurer should be imposed a duty to notify the situation of conflict of interest to the insured, so that the insured can realize the situation of claim and decide claim handling affairs based on his/her own interest. Imposing the insurer a duty of giving reservation of rights notice to the insured is to balance the status of the parties in insurance contract. This paper focuses the development in the United States, especially on the relevant sections of the American Law Institute’s Restatement of the Law, Liability Insurance, and introduce and examine the meaning, nature and legal effect of the liability insurer’s duty to give reservation of rights notice. Based on lessons from the U.S. model, it is suggested that a reform in Taiwan shall be undertaken in respect of the legislation revision and the amendment of policy wordings. It is hoped that the recommendation can be the useful reference for the authority and the insurance industry.