| With the development of insurance industry, doctrine of reasonable expectations is developing a new important interpretation principle in contract. It is refers that when both parties of insurance contract dispute over the interpretation provision, the court can make a decision that interpret the contract provisions for the insured’s objection reasonable expectation and reflects the real covenanted purpose of the contract, even the result is opposed with the rules in the contract.The doctrine of reasonable expectations is just one of the most important principles in interpreting principle in contract and it must be used after normal principles. But compared with normal interpretation principle that people are familiar with, doctrine of reasonable expectations plays a significant role to protect the right of customers’right. Compared with other countries, our legal system of Insurance Law is far from perfect. So it is worth to introduce the doctrine of reasonable expectations into our legal system in order to effectively protect insurance customers’ rights.There are four parts in this article as followings:Part One:Introduction of the case and controversy focus.Part Two:Introduce the concept of doctrine of reasonable expectations and the relationship of insurance model contract.Part Three:legal analysis of the doctrine of reasonable expectations focus on this case and explanation how to improve the measures of using this doctrine.Part Four:get the general ideas of how to use this doctrine correctly in our country.During the process of studying this principle, I believe to devote my efforts in the field of insurance law, and also hope that court could find out the rules timely to use the doctrine of reasonable expectations in order to deal with the dispute resolution. It is important to protect the right of insured and develop the insurance industry. |
