Study On The Insurer Explaining Liability

The insurer explaining liability regime was established based on the principle of good faith and the theory that a contract must be agreed to the contract parties, designed to help the policyholders to make the insurance contracts clear, so that the interests of the policyholders can be protected at some certain degree. However, due to the professionalism of the insurance contract terms and the defects of the law, insurance disputes which are caused by the reason that if the insurer had explained the contract terms to the policyholder appear all the time. At the same time, because of the different understanding on the insurance terms and the Insurance Law in different courts, there appear conflict judgments for similar cases frequently. In fact, uncertainty is not the inherent meaning of the insurer explaining liability regime. Therefore, this article tries to analysis the phenomenon that there are conflict judgments for similar cases for the purpose of perfecting the insurer explaining liability regime, puts forward that there are some problems when the insurers fulfill their obligations, such as how to fulfill the obligation is not clear, the range of the terms which excuse the insurer’s liability is not clear, the criterion that if the insurers had fulfill their obligations is not clear, the insurer is difficult to prove that he had explained to the policyholders. As a matter of fact, there are three reasons for this condition, one is that there is no uniform standard in the law; one is that the competition in the insurance market is fierce; another is that the policyholder’s self-protection awareness is not strong. Contrary to the problems and the causes in the practice, this article propose some solutions, namely divide the ways to fulfill the obligation into initiative to explain and answer questions, make clear the range of the terms which excuse the insurer’s liability, establish the standard that if the insurers had fulfill their obligations, provide criterion that how insurers prove themselves that they were explaining the terms properly, perfect the legal responsibility of obligation broken, and strengthen the self-regulation of the insurance industry, hoping that it can provide some advices to perfect the insurer explaining liability regime.