Disclaimer Applicability Of Commercial Motor Vehicle Insurance Case Analysis

With the development of social economy, people’s income and life quality had rise considerably, for travel is also a higher pursuit, In recent years country the policy of stimulating domestic demand oriented, the two Genesis makes annual even every quarter on the vehicle demand twice grows, the number of new motor vehicles is climbed, attendant is the increase in the number of commercial motor vehicle insurance. Commercial vehicle insurance has become the social life and the interests of the citizens is closely related to the categories of insurance, however in the trial practice, commercial insurance disclaimer effectiveness and compensation liability, is a multiple view intersection, and even the views of confrontation, conflict proposition, someone holding insurance claim spear, a who hold high the " has all necessary explanation obligation "," no responsibility not compensate" shield, above all, is the commercial insurance in the presence of different value evaluation method, evaluation results in the difference of exemption clauses apply in the dispute. The author of the commercial motor vehicle insurance exemption clauses apply and enter the court proceedings after the validity of the study aimed to explore in accordance with the law, jurisprudence and constructive views for the same type of case, and puts forward appropriate conflict resolution approach, so that in the law theory and judicial practice, focus on the long term can be based on current can be used for reference, develop the useful and discard the useless, and can play the utmost good faith principle of insurance law, reflect the insurance compensation loss functions, to within the scope of liability insurance loss, guarantee in accordance with the agreed to give comprehensive, full compensation, better guarantee insurance contract parties interests can get a fair deal, the maximum to maintain social and economic order and social public interests, so as to achieve in the trial practice for the same types of cases and puts forward appropriate conflict resolution approach, as far as possible to avoid " the different sentence" phenomenon, realize the discretion of justice and its continuity. This paper studies the commercial motor vehicle insurance exemption clauses apply and the people’s court for insurance exemption clause in the contract validity problems, focus on the content validity of the exemption clause. For disclaimer effectiveness standards are discussed, at the same time the list case relates to the " no accountability deductible " defenses and the insurer to fulfill demonstrative obligation etc will be individually deconstruction; through the case involving the exemption clause analysis, and then discusses how to improve the commercial motor vehicle insurance exemption the application of terms and in judicial practice how to accurately grasp the commercial motor vehicle insurance exemption clauses that related problems, and eventually realize the above problems in understanding the uniform, the trial practice this problem understanding legal, regulatory and orderly.