Study On Extent And Manner Of Insurer Explaining Liability

Insurance is a kind of humanity system based on the purpose of filling loss and the means of sharing risk. However, because of the high specialty and technicality, the insurer's often infringing the interests of consumers by false propaganda or overlord provision, puts the consumers at a disadvantage. In the course of time, it will restrict the development and the function of insurance.The insurer explaining liability is a system used to restrict the abuse of insurer′s advantaged position and promote the mobility of contract information. It is a creative move of insurance law in China, but because the relevant provisions are not clear, and the explanations of judicial documents are very different, it caused a lot of trouble to the practical operations. The new"insurance law"made significant changes on the insurer explaining liability again, mainly in the degree of requirements. This thesis selects two aspects of the system, combining the current judicial practice and legal provisions to study the system by the form of case study.This thesis includes three chapters. Chapter one mainly introduces the content, characteristics and elements of insurer explaining liability regime as a whole to provide a theoretical basis for the case analysis. Chapter two and Chapter three are the focal points of this thesis. Chapter two analyses the difference between explanation and explicit explanation by the form of case study, discusses the nature and content of the provisions of exemption from insurance liability, and points out the expansion on the new"insurance law". In contrast with Japanese insurance law, this thesis points out the advantages of the insurer explaining liability in Japanese insurance law. Chapter three analyses the reason of different results between judgments by the form of case study, and points out the defect of explicit explanation in the manner, such as lack of operability and lack of evidence to prove the insurer who has fulfilled its explaining liability. On the basis of the discussion, the author hopes to make recommendation to the law-makers.