Insurer 's Disclaimer

The system of explanation duty on exception clauses by the insurer began to risesince China’s Insurance Law stipulated insurers’ clear explanation duty in1995, whichsystem plays an important role to protect the interests of the insurer. But at the same,imperfections of the system brought many problems to insurer and insurers.Theoretically, many scholars believe that the system is our original and also thedifference between China’s Insurance Law from Foreign Insurance Law. It is theapplication of a socialist legal system with Chinese characteristics of the Insurance Lawand has theoretical significance. In practice, it’s the key to victory or defeat of litigation tofulfill the explanation duty on exception clauses by the insurer or not, so, it has realisticmeanings.There are four parts in this article:The first part is the overview of the paper--the discussion on the insurer’s exceptionsclause. This part is mainly about the insurer’s exceptions clause, including the concept,nature, classification and abuses and abuses prevention of exceptions clause. By thediscussion on the insurer’s exceptions clause, it can explain the legal basis and thenecessity of the insurers’ explanation obligation.The second part is the overview of explanation obligation. The insurers’ explanationobligation of exceptions clause is exceptional case of the insurers’ explanation obligation.After the introduction of insurers’ explanation obligation, the insurers’ explanationobligation of exceptions clause and the prompt and specific explanation obligation, thereis a more innovative and clear explaining of Chinese insurers’ explanation obligation ofexceptions clause according to the introduction and comparison of foreign-relatedsystems.The third part mainly discusses the scope of the insurers’ explanation obligation ofexceptions clause, including two aspects. Firstly, it is the scope of the insurers’explanation obligation of exceptions clause, divided into the exceptions clause which need explaining, the insurers’ explanation obligation,the legal prompt and specific explanationobligation of exceptions clause, the insurers’ explanation obligation in insurance contractrenewing coverage and legal consequence of exceptions clause. Second, it is the scope ofthe insurers’ explanation obligation of exceptions clause in foreign-related systems,focusing on Japan, USA and Germany.The forth part is about the performance of the insurer’s explanation obligation ofexception clauses, including three aspects. Firstly, it is the methods and standards of theperformance of the insurer’s explanation obligation of exception clauses.secondly, it isthe prescript and assessment of the Insurance law judicial interpretation ⅱ. Thirdly, it isto perfect the system of the insurers’ explanation obligation of exceptions clause.