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 thecourseofmakinginsurancecontract.Theinsurer has responsibilitytomakeafull andaccurate explaining just as such obligation of applicant. It worth more attention fromscholars and insurance companies, but actually, it is ignored for a long time. Theinsurer explaining liability regime of our country is essentially established, but therestill leave some fields to be improved. Manybasic problems are still to be cleared, orstill in the condition of vacancy. The performance of explaining liability has greatflexibility and uncertainty. There comes more and more dispute resulting from theperformance of explaining liability, which severely harms the transaction order ofinsurance market and the healthy development of insurance business. So the authorhope to analysis the important of establishing the insurer explaining liability regimeand the way to do so through the introducing the condition of development of theregime in China and throughout the world, and roughly construct the regime to makerecommendationtothelaw-makers.This thesis includes five chapters. Chapter one mainly analysis the content and characteristics of insurer explaining liability regime as a whole, and introduce brieflythedevelopment of this regime inChinaandother countries. Chaptertwois about therationality of the insurer's accounting duty. First of all, the author has introduced thebase of contract law to insurance contract. Secondly, the insurance contract is acontract with Utmost Good Faith, which is the foundation of the insurance business.Thirdly the insurance contract is a standardized contract, its general characteristicwith form contract, information asymmetry of both sides that namely conclude atreaty.Thebalanceofforcethat it isofbothsidestoconcludeatreatyforthebalance,give to the insurer with stronger amount of information and strength in order to provethattheobligationisinreasononsystemdesign;Chapterthreespecificallyestablishesthe insurer explaining liabilityregime through the waymentioned above and analysisthe subject, the object ,the time, the criteria and the extension to perform theexplaining liability; Chapter four is about the aftermath in law if insurer has fails tocarryout the liabilityof explain clearlyto applicant; Chapter five, give suggestions tothe reform of insurance contract law from legislating, justice and administrationfields.