我國近年來重大工廠災害事故,多數皆由於儲存產品原料與各式化學物質,在設備故障或人為操作錯誤的狀況下,引發火災災害往往釀成重大災害事件,並常伴隨爆炸事故一併發生,如廠房內正在加工製造或屯放第三人之成品或半成品,出險後之財物損失必定是驚為天人的數字,且經常伴隨契約爾後無法履行或是保險公司認定為拒賠的狀況,故本文以企業投保產物保險之保險法規及相關法律問題研究,從商業火災保險法制與規範、商業火災保險出險之案例分析、保險法規針對企業法律問題研析、乃至最後法規及實務操作層面以及後續爭端之處理作為探討客體。期望現行法規面能夠符合實務操作需求,發揮產物保險的本質與特性─風險管理與損害填補原則。
In recent years, most of the major factory disasters in TAIWAN had been caused by the storage of raw materials and various chemical substances. In the event of equipment failure or human error, fire disasters often cause major disasters, often accompanied by explosion accidents. If the finished product or semi-finished product of a third person is being processed or manufactured in the factory, the loss of property after the accident must be a number that is shocking to the heavens, and the result often accompanied by the contract can not be fulfilled or even the insurance company determines that the claims would be rejected .
In the article, we will analyze the case of factory accidents and the subsequent disputes that have occurred in the past. We hope that the current regulations and practical operations can be consistent, and fully fulfill the characteristics of product insurance – the principle of risk management and damage filling.