| Although insurance entering China has yet not been for two hundred years, it has got huge development at a surprising rate, even after the policy of reformation and opening,in the number of insurance company, employee, and types of insurance, etc. It is important that the Chinese people are improving their insurance conscious with all insurers' best effort. So it will bring a favorable action on insurance industry's progress. Whereas, along with the premium income and fresh policy ratio increasing, tangles or lawsuit, aiming at the policy, appear on TV or on newspaper repeatedly. All these matters have impaired severely the insurers' visualization, to a certain extent, also aggravated the public's worry about insurance, lowered the people's enthusiasm on buying policy and trust on insurers. If these phenomenon allowed to evolve, they will bring negative influence on Chinese insurance industry, even will hinder the progress of insurance.Now what results in lawsuit or tangles on insurance policy? This dissertation gives some reasons as following, for bringing policy tangles and lawsuit:Firstly, many insurance agents hide the exempt clause about insurer for underwriting policy on purpose, or mislead the insured understanding the items of policy, resulting in the insured getting a favorable comprehension about the items for himself. When the damage occurs, the insurer will not compensate, now the insured finds he has a wrong meaning of the policy, so he feels he is misguided by the agent. Because the agent belongs to the insurer, the insured may decide to sue the insurer for giving a wrong information. Of course, some agents have little knowledge on insurance law and clauses in the policy, naturally, they cannot give a clear explanation to the insured.Secondly,for the policy-holders are not specialists, they have few know-how on insurance policy clauses, or terms. They put these clauses or terms only on their own comprehension. Even some insured consider insurance covering every risk, once the damage occurred, the insurer would compensate their loss. If their counter-claim meets refused, they will resort to law-court.Thirdly, justices pay more attention to contract law. As for insurance contracts, they lack deep research, resulting interpreting policy recklessly, or on their own will to make a decision. All these will drive policy -holders or the common people to misunderstand the insurance and policy.The author of this dissertation feels the need and the urgent to interpret insurance contract from law theoretics, so select this topic to discuss, and hope it will show some resolution to these matters of interpreting policy from theoritics and practicability, and help the advance of insurance industry.This dissertation consists of six parts.The first part, called summary of insurance contract interpretation, mainly expatiates on the need and urgent of insurance contract interpretation and shows the definition of the insurance contract interpretation from the law theoritics.The second part, named the law theoritics of interpretation of insurance contract, introduces the course of insurance contract interpretation. Insurance contract interpretation is a matter of fact or issue of law? Then on the basis of combining continental law system and common law system opinion on the character of insurance contract interpretation, it gives a definition about law character of the insurance contract interpretation, and shows the relation between insurance contract interpretation and act interpretation.The third part, that is the object of insurance contract interpretation. What is the object of insurance contract interpretation? The answer is very important for insurance contract interpretation. While two law systems have theirs own opinion, they also have some views of similar kind. After this above, this part tells two views on the object of insurance contract interpretation: one faction claims the object of insurance contract interpretation is the intention of the party; the other facti... |
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