Discussion Of Exception Clauses In Insurance Contracts

Since the resumption of Chinese insurance industry, it witnessed significant development during recent30years. It not only provides a stable life for citizen and provides protection for the national economy, but also plays an important role in promoting social stability and social evolution. Nevertheless, in practical law enforcement, the situation of the insurance contract parties argue about the insurance contracts and then litigate are increasing rapidly, and many lawsuits and bifurcations are aroused by the exception clauses which treated as "overlord" clauses and then the social fairness in it has attracted more attention.Exception clauses is the basic term in insurance contract and it with many kinds of forms, the justness of which consist in the professional of insurance, the particularity of insurance contract and the theory of civil justice. And we could recognize that exception clauses were not all the "overlord" clauses, in the view point of aleatory, high information asymmetry of the insurance contracts and civil justice and risk management, and it occupies an important place in insurance contract for its rationality and legitimacy. However, it is undeniable that, based on the professional of insurance, the adhesional and information asymmetry in insurance contracts and other factors, it is necessary to make the exception clause in the insurance contracts with legal regulation. How to keep the legal regulation effective is the question which needs to solve by the legislation and judicial practice.At present, the legal regulation in exception clauses in our country is still seems too compendia, which makes the exception clause in insurance contract in the legislation being sketchy and so many problems in judicial practice. Therefore, we should learn advanced insurance concepts and legislation from other countries; to further our new Insurance Law’s Article17and19, as well as the insurer’s explanation obligation and the contra proferentem rule. At the same time, we should pay more attention to administrative regulation, industry self-regulation, and supervision of consumer groups, to achieve the special protection to the vulnerable insurance consumers.