Study On Rights And Obligations Of Environmental Insurance System

This thesis discusses environmental liability insurance, which is also called "Green Insurance" . Environmental liability insurance covers claims arising out of contamination of water, land, or air. The system of environmental liability insurance came into being as a result of the occurrence of critical environmental contamination accidents. This kind of insurance policy distributes enterprises' liability for damages throughout society, so that victims may be provided with timely and sufficient compensation. For the above mentioned reasons, the system of environmental liability insurance, which is being adopted worldwide, has actually turned out to be one of the most important socialized methods to solve the problem of environmental damages.This thesis firstly analyzes the definition of environmental liability insurance and reviews the origins and developments of this insurance system. It describes the present status of the system of environmental liability insurance in China and in several other nations. The system was developed earlier in western countries, and thus it has not been studied in great depth in China. The environmental liability insurance is only partially discussed in our public liability insurance and the third party' s liability insurance, and our legislations of environmental liability insurance are insufficient.Secondly, this thesis discusses the definition of an environmental liability insurance contract, analyzes its main characters, and clarifies the scope of an environmental liability insurance contract and reinsurance contract. It also outlines the special rights and obligations related to different areas, which will be separately examined in this thesis.Thirdly, this thesis argues that the principle of good faith is the most important underpinning of an insurance contract. To uphold this principle, the insurers shall assume the duty of information disclosure. This thesis analyzes the definition and theories of information disclosure and clarifies the scope of the subjects fulfilling the duty of information disclosure. Itemphasizes the contents and performing period of that duty and points out the conditions, under which those subjects face legal consequences if they fail to fulfill the duty of information disclosure. It should also be noted that the duty of information disclosure is especially significant in the context of environmental insurance.Fourthly, this thesis argues that, in a new system of environmental liability insurance, the third party, as victims, should be entitled to claim for compensation against the insurer directly. This thesis divides claims into two categories: the claims with defence and the claims without defence. This thesis analyzes the theoretical basis of these two categories and comparatively studies the legislations and precedents of different countries. In examining the present situation in China, this thesis proposes its specific advice on how to build a system authorizing the third parties, as victims, to claim compensation on their own.Fifthly, as the subrogation system of insurance is a very special system in the context of insurance contracts, this thesis reviews the definition and the jurisprudent grounds of the subrogation and discusses the composing factors and the duty of assistance of the insurers.Finally, whereas the risks caused by environmental damage are usually tremendous disasters, this thesis points out that it is important to create a reinsurance system to buttress environmental liability insurance and to analyze the nature of reinsurance contract in details. This thesis also illustrates the rights and obligations of insurers and reinsurers separately. In keeping with the above-mentioned chapters, this thesis emphatically discusses the duty of honest information disclosure in reinsurance contracts, the subrogation of reinsurers, and the entitlement of the insurees of the original insurance contracts to claim directly against the reinsurers.