Research On Chinese Medical Liability Insurance Underwriter's Defense Obligation

Medical liability insurance's object is the liability for damages to a third party caused by negligence of medical institutions and their staff or other reasons. The compensating of medical liability insurance is related to resolving of Medical disputes, which is a long problems plaguing medical institutions. The current medical liability insurance gives medical liability insurer right of defense and settlement control. This case above does not help the medical institutions (insured) out of trouble, which is not conducive to maintenance of the interests of the insured in the defense to third. Thus medical liability insurer's rights of defense and settlement control are needed to transform to a defense obligation. Because the medical liability insurer's economic strength and information resources are dominant, medical liability insurer's defending to the third is fully balanced and will maintain interests of relevant parties (medical liability insurer, the insured, and the victim).This paper, by improving the defense obligations of medical liability insurer, to promote the development of medical liability insurance for the purpose, from the defense obligations of the insurer's liability, elaborates the concept, characteristics and theoretical basis of liability insurer's defense obligations. Clearing that the liability insurer's defense obligations is base on the principle of good faith and the prohibition of rights abuse, which come from the terms of defense and settlement control, is legitimate and practical needed. Finally, according to previous findings, this paper constructs institutional system of the medical liability insurer's defense obligations from three aspects: the law, insurance contracts and establishment medical liability insurer's defense institutions.