Study On The Insurer Explaining Liability Regime

Based on the principle of utmost good faith and the format provisions exist, China’s groundbreaking provisions of the insurer’s duty of explanation. The nature of the insurance contract special, The right to know the right applicant, The insured only complete, full, accurate understanding of the clause of insurance contract content, in order to better exercise right, fulfil obligation, this also makes the insurer’s duty of explanation is very important. Insurer’s duty of explanation in response to the" insurance law" is seventeenth, on the format in terms of the general obligations and to dispense the insurer liability clause explicit explanation obligation.For the insurer’s general obligations, the author uses the way of enumeration, for example, the insurance program clauses into explanation obligation category, on the special clause and the renewal of the insured without explanation. On insurer’s clear explanation obligation is the key content of the article, Especially for the limitation of liability clause、 Exemption clause and insurance contract clause should specify.In addition, from the previous insurance law provisions of view, our country law only. stipulated the insurer shall undertake the general description and a clear description of the duties, but fulfilling way is not clear. Two kinds of explanation obligation in the description of the way are different," a general description of relatively well understood, but clearly stated in the" clear" should reach what kind of level, there are academic controversy. The comprehensive analysis of previous academic point of view, put forward the " standard of reasonableness". the insurer the insurance terms explanation obligation, make policy-holder insurance clauses and understanding of insurance interests have a reasonable expectation, the expectation of insurance interest is in the future to realize and rational, good looking. This is a clear description of the standard, in order to better perform the obligation of insurance.This article from the insurer’s duty of explanation of the concept, content, value orientation, method of performance, performance standards, legal consequences of such aspects of the insurer’s duty of explanation are briefly discussed.