Study On The Insurer Explanation Obligation

The insurance in China which first established in1995and modified two times in2002and2009stipulated the insurer had an obligation to explain on the clause of liability exemption in the contract of insurance clearly. Some scholars deemed that the prescription of the insurer contract explanation in China was creative and unique compared with the foreign insurance Objectively, the establishment and completion of the insurer contract explanation, which protected the insured interests, guaranteed the realization of the greatest sincere principle, improved the legal system of the insurance, had an important meanings to protect the healthy development of The insurance, at the same time, put forward higher requirement to working norms and working routines of the insurance company, putting a larger influence on the insurance industry.Since this system has been set up, but not perfect, that has great elasticity and uncertainty in explaining the actual performance of the obligation clearly. Bringing on a quite big dispute, more and more trouble and lawsuit. The judicial explanation of The insurance of the Supreme People’s Court has not been issued until now, leading the full country of courts neither hold the same, puzzling the judge to understand and properly use the clause. In the fact, regional judgments standards are different, it is hard to say which is right or not. The theory is probed into, causing the insurance company at loose ends, bringing certain adverse effect to of our country insurance trade order and whole development of insurance of market too.In view of this, the author will attempt to explain the state of development of the explanation obligation both at home and abroad, analyze the meaning of our country setting up the insurer explanation, construe the faultiness of the legislate which caused dispute and adverse effect in insurance and law. Combining with many years engaged in insurance practical experience, the author would analyze the existing legal system and expound the feasibility of the explanation obligation, putting forward some ideas about the insurer explanation from both legislation and justice, expected to try his best to make it more perfect.This article is based on the research, deductive and historical approach methods including comparative analysis and case-case analysis of empirical methods and use of the1.aw and economics research methods. In addition to introduction, the paper is divided into three parts to discuss the insurer explanation. In the first part, it analyses the insurer explanation obligations and its theoretical basis. In the second part, it mainly analyses the actuality of the insurer explanation obligations.In the third part, it is from the reality of China’s insurance industry, including the Legislation, judicial rules, administrative regulation and industry self-regulation to explore to consummate the the insurer explanation obligations.