The Study On Lnsurer's Utomst Good Faith Principle And Excepted Liability

The modern insurance was born in Europe and has developed for a long time. It becomes more and more sophiscated in the process of combination with the insurance practice. The purpose of insurance is to spread the risk and Insurance, which is called "ingenious stabilizer of society" is to undertake and transfer the risk as as to enhance social welfare, stabilize social order and promote peace and harmony.Insurance Law of China has been promulgated for more than 10 years since 1995, and has been modified twice. However, compared with other countries'advanced experience in legislation and insurance spirit, our Insurance Law is still at an early stage and needs to be perfected.The excepted liability is an example. Among many insurance contract clauses, the excepted liability clause is an important clause which is concerned by both parties of the contract. The excepted liability refers to the risks that Insurers need not to be liable for according to the law or contract. Since it relates to the scope of cover, the realization of contract purpose and ultimately affects both parties'interest, it is very important to research the excepted liability. To study excepted liability should take the principle of utmost good faith as the prerequisite. The principle of utmost good faith is one of the basic principles, is of first priority and is the foundation of the Insurance Law. The utmost good faith principle runs through the whole Insurance Law, and is a basic principle that should be observed in insurance practice. According to the utmost good faith principle, the proposer should fulfill the obligation of disclosure and warranty while the Insurer should perform explain obligation, waive and estoppel.In the Insurance Law, Insurers'utmost good faith has close relationship with the excepted liability, for that Insurers'observance of the utmost good faith principle is a precondion for Insurers to apply the excepted liability. Subsequently, if you want to research the excepted liability, the study of the utmost good faith is inevitable. By analyzing the utmost good faith principle and excepted liability, especially the explain obligation, waive and estoppel, this paper tries to give some advice on the perfection of the Insurance Law. It will start from the legislative, judicial, administrative aspects and also use other auxiliary means to look for a balance point between the utmost good faith principle and the excepted liability so as to safeguard both parties' interest and promote the sustainable development of the insurance industry.