Study On Prohibitive Defense Regulations Of English-American Insurance Law

The prohibitive defense rules of the British-American insurance law refers to the insurer abandon their rights to be claimed in insurance contract, or through their actions, representations and promissory, intentional or negligent, let the insured have reliance on them, do something or not do something or have somg reasonable expectations, then the insurer will be prohibited to defense for those reasons when the insured on claims. It is one of important rules in the British-American insurance law, in order to protect the insured who is in disadvantage position of the insurance market, prevent the insurer from refusing to undertake the insurance liability by different reasons after the insurance accidents happen.In this paper. through detailed data collection and literature study, the author gave a comprehensive outline on the prohibitive defense rules of the British-American insurance law, and when clarify the differences between the English courts and the United States courts in the concrete application of this principle, the author made his point of view. However,there are a small amout of scholars have studied in this respect in our country,but they consider that the scope of prohibitive defense limited on estoppel.The author considered that the prohibitive defense is a widely rule which contains plentiful contents,not just limited on estoppel.The reason which can limit insurer's defense should all include in the prohibitive defense rules.So the author thought that the prohibitive defense of Common Law's insurance including not only the prohibitive defenses to waiver of insurers,the prohibitive defenses to estoppel of insurers,but also the prohibitive defenses of insurers for insureds'reasonable expectations,the prohibitive defense of insurers for incontestability clauses.Because of Jurisprudence in Commom Law,the author through the methodology of historical research and empirical analysis,quote a great many cases and described in details,trying to make the reader have a clear understanding to the prohibitive defenses in British-American insurance law.So the courts of our country can take the advanced experience from Common Law in practise trial,best balancing the interest beteeen insurers and insureds.The insurance in China will develop healthy and continued,play the important role in social development.