Remodeling The Typification Of Insurance Clauses

The article reflects on the typification of the liability exemption clauses.The first part，article analyzes the deficiencies of exclusion of liability types. Theliability exemption clause typed exist such as the scope of liability exemption clause and theexemption of non-responsibility are not clearly defined, and different degrees of exclusion ofliability clause can not be distinguished.The second part, article provides the type of insurance clauses of remodeling ideas.Foreign enactment of legislation is different from China’s insurance law practice can help tofind other reasonable method, that is not simply the terms of district is divided into exclusionof liability clauses and non-exclusion of liability clause, but give serious consideration to theextent the terms of the impact of policyholder rights. The recommendations draw onextra-territorial doctrine of ‘blanket consent’and‘give particularly agree with the practiceof insurance liability sector sub-standard’to reshape the road. Insurance coverage as definedin the standard, first clear the scope of insurance liability as points will belong to the scope ofinsurance liability insurance within the terms of the sort obtained which provisions need to beinsured generality agree what needs to be insured specifically agreed, which belongs to unfairterms should fundamentally negate its effectiveness. Accordingly, the terms of insurance canbe divided into the‘blanket consent clause’, specifically agree to the terms‘invalidprovisions’.The third part,‘the reshape path’.Article reshape the new standards from the severalaspects of the legislative, judicial, administrative and insurance contract.Article reshape thelegislation from the‘blanket consent’and‘specific consent’and‘invalid’three provisionsof the legislation to build up the discourse. Stressed that the remodeling of justice is how touse the court’s discretion to regulate insurance terms, the rational design of evidence andprocedural rules, from the perspective of judicial practice to implemen‘tthe insurance liabilitysector sub-standard’.Chief remodeling Insurance Regulatory Commission and otheradministrative bodies in the new standards, the introduction of industry guidance. Contractitself remodeling is from the‘blanket consent clause’,specifically agree to the terms andinvalid provisions are three types of provisions to detail, from the perspective of a contract to provide consumers with the generality agree the specific consent of the contractingopportunity.