On Insurance Liability Exemption

Nowadays, there are more and more conflicts which result from insurance. But, almost all of the conflicts are the disputation which the insured liability should be undertake or not. Then, what is the insured liability? What's the exemption of the insured liability? Does the exemption which the insurer insists on have the reason in theory of law? In which situation can the exemption which the insurer insists on gain the court's support? This paper tries to talk something about these questions and gives my own opinions about them.This dissertation consists of three parts in addition to the introductory part. Part one of this paper introduces the basic theory of the exemption of insured liability, and tries to illustrate the relative questions about them in theory. First of all, the article explains the definition of the insured liability and the exemption of insured liability. Secondly, the article further makes a technical analysis for them. There are many professional and technical problems in the operation of the system of insurance. The using of Law of Large Numbers and the existence of risk determine that the exemption of insured liability is inevitable. Thirdly, the paper debates that the requirement of moral ethics for the insurance contract parties in the Insurance Law also partly, directly or indirectly results in the exemption of insured liability. At last, from the view of economics of law analyzes the exemption of insured liability. Information asymmetry theory, Game theory, the thoughts of costs-benefits analysis all prove the necessity of the system of the exemption of insured liability in the Insurance Law.Part two from the angle of practice to analyze the exemption of insured liability. To begin with, the paper debates the legal exemption of insured liability. It tells us the problems of the duty of information disclosure and its breach and the exemption of insured liability. They include the subject of information-supplying duty, the scope and intent of information-supplying, the time and manner of it, the consequence of breaching it, and so on. And then debates the connection between the fault of insurant and the insured liability. The connection is divided into two aspects, one of the aspects is the connection between the deliberate of the insurant and the insured liability, the other is therelationship between the gross negligence of the insurant and the insured liability. Secondly, the article illustrates the problem of the agreed exemption of insured liability and of legislative control of insurance. It shall contain the following clauses:(l) the necessity of legislative control, on which the balance between the freedom, the justice, the efficiency and the fairness is based. (2) the rule of clauses on liability exemption in the insurance contract. It includes that the insurer reminds reasonably the attention of the applicant for insurance and the permission of the counterpart. (3) the judgement of the effect of exemption clauses. The judgement is based on the following four aspects under the viewpoints of the compulsory requirement of law, the reasonable distribution of risk, the fairness and the clear content.As the conclusion, the Part three simply debates the system of exemption of insured liability and brings forward suggestion to reform.