Restrictions On The Insurer's Defense | | Posted on:2011-10-22 | Degree:Master | Type:Thesis | | Country:China | Candidate:Y M Ma | Full Text:PDF | | GTID:2166360305991163 | Subject:Law | | Abstract/Summary: | | | This paper defines the limits of the insurer defense theory that the insurer defend the general subject matter and the principle of utmost good faith and fairness; the second part of the duty of disclosure and description of duties from both parties to information on the restrictions against the insurer were discussed. Originally the duty of disclosure obligations of insurers, but if the insured's duty of disclosure requirements are too strict and would result in the insurer's rights and obligations of insurance imbalance. The obligation is a mandatory legal obligation in order to ensure an accurate understanding of the insured covered by the insurance contract rights and obligations; third part discusses the principle and the interests of reasonable doubt looking forward to defending the principles of the restrictions on insurers. The application of the contract provided that the content itself is ambiguous, it is only available to the insurer's standard terms development. The principle of legitimate expectations on the 1962 California with the insurance case to illustrate how this principle limits the insurer's defense; fourth part to Anglo-American countries abstained, and the rules against anti-party discourse, by Waiver and estoppel conditions and analysis of the specific scope of application of insurance law in China limits use of the system to provide a better reference. | | Keywords/Search Tags: | Inform, explanation, Doubt that the interests of, Legitimate expectations, Waiver and estoppel | | Related items |
| |
|