On The Direct Request Right Of The Third Party In Environmental Liability Insurance

As a new type of insurance, the environmental liability insurance just Adapt to the demand of protecting both the infringement party and victim. And, how to overcome the passivity of he victim during the process of obtaining damage compensation in traditional liability in insurance, especially in free liability insurance, and strengthen this protection by law, has become an important topic now. According to the research and the legislation of the domestic and abroad, entrusting the third party with the direct request right can solve this problem. The direct request right is that the third party can use to claim for the insurance indemnity that the insurer should pay which according to the regulation or contract in environmental liability insurance. And the scope of the third party has been expanded, all the corporations, individuals and other organizations that were infringed by the environment pollution or destruction. It conforms to the international environment liability insurance development direction and can protect the public property or environment interest better. Besides, the limit of privity of contract can be considered as the theory basis for this right, And the legal status of the third party during suing for damages can be taken as its realistic foundation. Otherwise, distinguishing different pattern of the liability insurance, we can take the right shift theory and legal obligation joint bearing theory as the right foundation. What is more, it will be important to pay attention to the law protection except the content, the scope, the condition of the right' s practice. First, both of the insurer and the insured can be taken as joint defenders can be advantage for the dispute and strengthen the function of surveillance for polluted or destructed behavior. Second, the law regulates responsibility of the insured Fulfill the assistant duty can reduce the situations that the insured does not give his coordination and facilitates the tight to be implemented. Third, profits from the domestic and foreign experience It can be expanded to 30 years or much longer in the legislation of limitation of action. Finally, we can consider that entrusts the right of priority in order to help the third party realize his interests.