Study On The Insurer Explaining Liability Regime

The insurer explaining liability is to explain the articles of insurance contract, including those of specialty and of related documents, to the insurant, during the course of making insurance contract. The insurer should explain expressly and clearly to make the insurant understand his rights and liability under the contract. Because of the high specialty and technicality, the insurance contracts are made of formatted articles. Insurance contracts have the characteristics of formatted and consumption, the insurant suffers from the disadvantage of information coming into a insurance contract. While, the establishment and improvement of insurer explaining liability regime is of important to the protection of insurant's interests, the realization of utmost good faith, the betterment of insurance legal regime, as well as the healthy improvement of insurance business. The insurer explaining liability regime of our country is essentially established, but there still leave some fields to be improved. Many basic problems are still to be cleared, or still in the condition of vacancy. The performance of explaining liability has great flexibility and uncertainty. There comes more and more dispute resulting from the performance of explaining liability, which severely harms the transaction order of insurance market and the healthy development of insurance business. Many aspects of explaining liability regime are still in the phase of theoretical study, and the author hope to analysis the important of establishing the insurer explaining liability regime and the way to do so through the introducing the condition of development of the regime in China and throughout the world, and roughly construct the regime to make recommendation to the law-makers.This thesis consists of the introduction, main body and conclusion, while the main body includes four chapters. Chapter One mainly analysis the content and characteristics of insurer explaining liability regime as a whole, and introduce briefly the development of this regime in China and other countries. Chapter Two emphasizes on the importance of the explaining liability regime, and analysis the theoretical basis to establish the regime from the formatted contract, solvent of information asymmetry, the obey of utmost good faith principle and the insurance contract as consumption, as well as the significance in reality. Chapter Three put forwards the way to establish the insurer explaining liability regime, and affirms the intensifying of explaining liability and analysis the causes which make explaining liability to depart the right way. This chapter also confirms the combination of intensifying explaining liability and the reasonable principle. Chapter Four specifically establishes the insurer explaining liability regime through the way mentioned above and analysis the subject, the manner and the criteria to perform the explaining liability and the aftermath when the insurer fails to carry out the liability, as well as the way to remedy. At last, the author brings forward the recommendation to the legislation.