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On The Escape Clause Of Insurer Of Life Insurance Contract

Posted on:2012-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:R LiuFull Text:PDF
GTID:2216330374453448Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Life insurance in the insurer Disclaimer design of the system to exclude the insured "when the parties" have been available to obtain insurance for the purpose of suicide risk; avoid insurance Peifu become the heart of an intentional crime insurer backing. To cut off the risk of the insured individual and the "insurance" relationship, the insured dilution of the idea of insurance fraud. At the same time, the insurer Disclaimer design of the system is also a corresponding reduction of moral hazard caused by the loss of the insurance company. Life insurance system created in the exemption clause the insurer, effective solution to the "moral hazard" and "insurable person" of the conflict between. However, the insurer Disclaimer direct means the insured or the beneficiary does not receive payment or compensation insurance premiums, so over-emphasized the insurer defenses, would prejudice the interests of the insured or the beneficiary.In recent years, insurers refuse to pay insurance premiums related to the contract dispute gradually increased, and many disputes with the original "Insurance Law" their articles directly related to conflicts and contradictions, even the new "Insurance Law" was released not completely solve this problem. Legal provisions of the conflicts and contradictions, especially the "suicide clause" and the insured Disclaimer intentional crime, if not to regulate the insurer is likely to be a technical defense tool. How to effectively regulate insurer exemption clauses to clarify whether the conduct of the insured the insurer exemption Elements, balanced the insurance status of the parties to litigation, is China's insurance theory, legislation and judicial practice are needed to solve the problem.Paper is divided into four parts of the body of the insured Disclaimer depth discussion and study. The first part leads to our current "insurance law" problems:reinstate the contract after the exemption period should be whether the insurer and the insured to re-calculate the case of an intentional crime elements of the insurer exemption is too broad. And also references to further lists the five cases of type "Insurance Law" in practice, problems that may arise; The second part is the theoretical part of the paper, straighten out the exemption under the terms of the insurer concepts involved; the third part Main discussion of life insurance the insurer Clause, the suicide clause. Disclaimer insurer described the history of doctrine development process, the significance of the creation of suicide exemption period and the life insurance contract after the suicide exemption period of reinstatement should not be re-calculated the theoretical basis; paperâ…£Research and Analysis of life insurance the insurer Disclaimer insured under the terms of criminal provisions. Disclaimer insurer to discuss the theoretical basis, the insured person's criminal should be consistent with the "three conditions" the insurer can claim exemption.
Keywords/Search Tags:Life Insurance Contract, Suicide clause, Terms of intentional crime, Reinstatement provisions, Principle of proximate cause
PDF Full Text Request
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