The Clear Statement Obligation Of The Exceptions Clause Of The Insurer

Law of Insurance occupies an important position in China’s socialist legalsystem, and the establishment and improvement of the system of the law of insurancerelated to the healthy development of the insurance industry and the vital interests ofthe people. From the perspective of risk-sharing, it is preserving and promoting thebenign development of the society as a whole. The insurance term is the core of theinsurance contract, and is also an important basis for the insurance company toassume the insurance liability. In practice, due to the insurer (insurance company) hasthe obvious advantage of the information for the policy-holder and the insured, inorder to better protect the interests of the insured and the policy-holder, the legislationhas to give the insured party necessary tilt protection, otherwise not only will affectthe quality of the insurance contract, but also is not conducive to the implementationof the insurance contract. In the2009newly revised Law of Insurance, the “insurancecontract” becomes a apart of the biggest change, directing at the exceptions clauseand other content.Due to the influence of the formulation program of the terms of the insurancecontract, the asymmetry of professional knowledge of the parties to the contract, andmany other factors, the validity of the exceptions clause of the insurance contractoften becomes the focus of controversy in the case. While for the related provisionsand judicial cases of the exceptions clause in Law of Insurance, different regions anddifferent counts have different understanding, which causing the phenomenon of the“codefendant different sentence” often be found in newspaper. After theimplementation of our new Law of Insurance, on the one hand by the constraints ofthe development of our insurance industry, on the other hand, the legislators alsoprepare a broader space left for the practice of operating, the legislators modified theclear statement obligations of the exceptions clause. But there is some controversy onmany problems, especially in the fulfill methods, the fulfill standard, the assignmentof the burden of proof which are the biggest controversy aspects. With the synthesis method, the comparative analysis method, and historicalanalysis method, this paper combines the theory and practice, conducts a morein-depth analysis to explore the problem of the clear statement obligation of theexceptions clause of the insurer, from a legal point to sort out and elaborate the entryinto force of the exceptions clause and the fulfill of the clear statement obligations.The main content of this article is divided into four chapters: Chapter1overviews theconcept, function, and the legal characteristics and classification of the exceptionsclause of insurance contracts, and discusses the disputed issues involved in practice,clearing the object and the purpose of this study; Chapter2analyzes the legal thrustand practical significance of the clear statement obligation of the insurers; Chapter3detailed analyzes the main body of fulfillment, specific scope, the object offulfillment, the time of fulfillment and the form of fulfillment of the clear statementobligation of the insurers, and the legal consequences of violating the law of the clearstatement obligations, providing the standard for the specific fulfillment of the clearstatement obligations; Chapter4analyzes the causes of the problems in the judicialpractice, provides targeted and feasible suggestions for the insurance practice andjudicial practice, hoping to provide some reference for regulating insurance marketand unifying the administration of justice.