Evaluation Of The Effectiveness Of The Format Of The Insurance Contract Disclaimer

Insurance serves as the social stabilizer, but often renders disputes too. On one hand, with the rapid development of China's insurance industry, the format insurance contracts contribute to improving the efficiency of market transactions. On the other hand, litigations arouse from insurance contracts increase year by year and the format insurance contracts are continuously exposed to impair the consumers' interest, in which they shall be blamed. In the relationship of insurance contract, the exclusion clause of insurance contract constitutes an important pass where both the consumers and the insurers fight for their interests, one party is striving for getting more and the other preventing. Therefore, the evaluation of the effectiveness of exclusion clause in format insurance contracts is meaningful, while the evaluation methods and accordance is also important. I hope I will do something on this subject.The main part of this paper is divided into five chapters, using the legal analysis, comparative analysis and empirical analysis as the main research method.The first chapter discusses the basic meaning and scope of exclusion clause in format insurance contracts, and attempts to clarify some misunderstanding for the sake of the necessary and correct theoretical basis.Analysis of the second chapter focuses on the main problems of exclusion clauses in format insurance contracts to show that the lack of credibility causes the imbalance of legal interests between the parties, so as to prove the necessity and importance of effectiveness evaluation. On this basis, it establishes good faith, fairness and other basic legal principles, and introduces specific legal principles such as waiver, estoppel and reasonable expectations etc, as the equitable pivot for the effectiveness evaluation.The third chapter mainly analyses the formal rules, examining the effectiveness of exclusion clauses in format insurance contracts from the outside, and clarify the insurer's obligation of notification and explore the defect of China's insurance legislation.Chapter Four mainly discusses the substantive rules, examining the effectiveness of exclusion clauses in format insurance contracts from the inside. It designs the survival space for such clause in the scope of statutory exclusion provisions, and clarify the main points of evaluation needed toward different types of exclusion clauses. Based on the analysis of the preceding chapters, Chapter V mainly refines the opinions on improving the insurance law and jurisdiction, with the intention of playing the positive and active role toward the the effectiveness evaluation of exclusion clauses in format insurance contracts.