The Research On The Exemption Of The Insured Liability

Insurance is people's prevention to unknown risks,whether in the East or the West it experienced a long history of development.The modern insurance appeared firstly in Europe,and it is still at the early age in China.In the development of the insurance industry,facing various problems emerged,we have to think about how to build an insurance system.The reason of people's insurance-covering is to get compensation from the insurers when they experience risks.That means the insurers have the responsibility of insurance.So the responsibility of insurance is the obligations of the insurer to pay insurance money or other obligations according to statutory and conventional conditions and the insurance range.But the situation is not absolute,insurers have the right to refuse the payment, which is called exclusion of the insurance liability.Exclusion of the insurance liability happens when it is not an insurance accident although the accident occurred,or it happens when there is an insurance accident,but because of statutory or conventional exemption reasons,the insurers can not perform obligations or other obligations of insurance payment legally.The exclusion of the insurance liability is a major problem which needs great efforts in the whole insurance system.It is directly related to the balance of interests of the insurers and insurance policyholders or beneficiaries.The exclusion of the insurance liability is technical,ethical,economic and internal requirements of the insurance industry.It needs to exist.The exclusion of the insurance liability includes statutory exemptions and conventional exemptions.The former is based on the legal provisions.When there is a legal reason of exemption,the insurer's liability will be exempted,the latter has little to do with this paper,so we will not discuss it.The request of the insurer's liability exclusion often causes great hardship in legal practices,which relates mostly with a very deep understanding of the obligations of the insurers.The deeper reason is the imperfection of current "insurance law",which makes people at a loss.Article 18 of "Insurance Act" stipulates."the provisions of the liability exclusion in the insurance contract should be clearly stated to policyholders,otherwise the provision does not effect."...