當傷害保險承保範圍發生爭執時,解釋保險契約條款應是紛爭解決的第一步;除應依據保險法探求當事人真意與適用「疑義利益歸諸被保險人原則」外,「合理期待原則」及「內容控制原則」等相關學理或規範,皆為可採行之補充方法。訴訟時,舉證責任之分配及減輕事由之例外適用,更會影響案件之最終勝敗。本文以為,法院首先應正確地解釋保險契約條款,再依據當事人所主張之權利各要件事實分配舉證責任。此外,前階段之契約解釋方法,不應誤用於後階段之舉證責任分配或減輕。
Regarding to the coverage disputes of personal accident insurance, the interpretation of the policy wordings shall be in the first step for resolving them. In addition to seeking the real intention of the parties and applying for the doctrine of contra proferentem provided by the Insurance Law, the doctrine of reasonable expectation and the principle of judicial review can be adopted as supplemented methods for the interpretation. In litigation, the distribution and the alleviation of the burden of proof may also affect the ultimate outcome of the judicial decisions. It is submitted that the court should first interpret the policy wordings correctly, followed by distributing the burden of proof based on the elements of the rights claimed by the parties. furthermore, the principles of wordings interpretation at the first stage shouldn't be mis-applied to the distribution or alleviation of the burden of proof at later stage.