Environmental Liability Insurance The Third Person Direct Claim

As the socio-economic development, in the process of production andoperation is facing a growing number of environmental risk, and how to effectivelyresolve these risks are being more and more attention. Environmental liabilityinsurance is an effective way to resolve the environmental risks, it at the same timeto protect the interests of the insured, the more prominent the protection of theinterests of the environmental damage. In environmental liability insurance, givethe injured third direct claim against the insurer can enable the victims to changefrom passive to active, bypassing the insured directly to the insurance ofenvironmental liability insurance request compensation. This system is set up sothat the claims of the injured third person is more convenient, but also reduce theeconomic pressure of the insured. Therefore, more and more countries, the regionbegan to establish environmental liability insurance for third party claimsdirectly.From the the insurance development trend point of view, of theestablishment of environmental liability insurance claims system is necessary, butalso from a series of foreign legislative experience and our other legislation in thefield of view, China’s entirely feasible to set up the system. The basic concepts of the nature of this article from the third person of the environmental liabilityinsurance claims and other aspects, a systematic analysis of the third party directlyrequest the right to exercise the process of the implementation of the system, thelast of our protection legislation and specific measures recommendations.Specifically, this paper discusses mainly from the four parts:In the first part,Ielaborate the basic theory of environmental liability insurance claims. Theory,analyzes the basis of environmental liability insurance third party claims arisingdirectly from the theory of liability insurance and third party claims.Environmental liability insurance claims breakthrough in the traditional civil lawcontract relativity theory, will allow third party included in the scope of protectionof the victims outside the insurance contract.In the second part,I analyze the entireprocess of analysis of environmental liability insurance for third party claimsforms, first determine the subject and content of the third person, and thendescribes the condition of the third person claims form, only to meet the necessaryconditions for insurancetalent have the obligation to pay compensation. Necessaryto extend the direct exercise of the right of the third party can not do without thenecessary protection, including legal protection and third party claims directly.Thethird part, the right to direct requests for injured third person, the insurer is entitled to the right of defense. This is in order to prevent a third party from the abuse ofthe right to a direct request to the insurer and the insured loss. This section isdescribed from three aspects of the case, the subject matter and the conditions ofthe right of defense.In the fourth part， because the third person of theenvironmental liability insurance claims system is not perfect, you needtwo-pronged approach to build and safeguard measures from the legal system, andgradually improve the system. From the the legal systems point of view, the firstthrough legislation a clear distinction between mandatory liability insurance forany liability insurance. Provisions of certain deductibles. Judging from the specificmeasures, mainly the insured’s obligation to assist in recourse to the insured, toextend the period of limitation of actions method.