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当用人单位和劳动者缴纳了社会保险中的医疗保险统筹费用,同时企业或劳动者又购买了商业保险中的医疗保险,结果商业保险公司以劳动者已经从社会保险中获得支付医疗保险金为由,拒绝支付商业保险赔偿。由此引发了保险法理论界和商业保险界关于商业医疗保险是否适用损害补偿原则的争论。本文通过分析商业医疗保险的性质、相关法律规定、法理依据以及风险保障范围等方面,旨在得出商业医疗保险不适用损害补偿原则的结论。
When the employer and laborer pay social insurance in the overall cost of medical insurance, while businesses or workers also purchased commercial insurance in the medical insurance, the results of the commercial insurance company to workers who have been paid from the social insurance medical insurance payments for the By, refusing to pay commercial insurance compensation. As a result, the controversy between the theory of insurance law and the commercial insurance community about the principle of compensation for damage to commercial medical insurance is triggered. By analyzing the nature of commercial medical insurance, the relevant legal provisions, the legal basis and the scope of risk protection, this paper aims to draw the conclusion that commercial medical insurance does not apply the principle of compensation for damages.