| Insurance claims is an important part of the insurance business, it is related that wether the applicant, the insured or the beneficiary’s legitimate rights and interests can be guaranteed, it is also the ultimate aim of insurance, the speed and quality of insurance claims is the measure of a insurance company business quality one of important standard. However, in insurance practice, difficulty in settling claims is a serious problem, insurance claims process the underwriter first field exploration rate is low, investigate and collect evidence program multifarious, the efficiency is low, the insurance claims time is long, the insurance company management is also a lack of normative, leading to low quality of claim, in a word at present our country insurance claims business effect is not ideal, insurance claim is difficult to hinder the healthy development of the insurance market stable a large stumbling block. The promulgation of the new "insurance law", this paper puts forward a lot of according to insurance claims difficult phenomenon modifications, the most important mainly has three aspects, insurance claims procedures and correlation time limit, the demonstrative obligation and cannot contradictory clause to join.The new "insurance law" changes to solve difficulty in settling claims has a certain role in the whole claims program, the new law is more emphasis on the protection of the interests of the insured, modified or new clauses in strengthen the protection of the interests of the insured and at the same time, further clear and limits the policy-holder is compulsory, make insurance claims the overall quality and efficiency are improved. However, because of our country’s insurance law is still in the initial stage of development of the, insurance legislation in progress at the same time still exists defects and the insufficiency, make insurance claims appeared in many detail problem cannot through the new "insurance law" to solve, this article through discussing a new "insurance law" to "insurance easy claims difficult" role, and its deficiency, to study our country insurance legislation in the future should be how to, and put forward reasonable advice and Suggestions. Based on this, this paper from the four parts to the above problems are discussed.The first part is introductory theory, by the promulgation of the new "insurance law" leads the research object of this paper, and puts forward the problems and briefly analyses the reasons for the problems, and then the domestic and international scholar of insurance claims difficult phenomenon, and the new "insurance law" to solve this problem effects, are summarized. The second part mainly studies insurance claims procedures and time, through the old and new in our country "insurance law" relevant provision contrast, to our country law on the content. The third part mainly studies the new "insurance law" the other side of the modification of claims difficult effects, through the research that the obligations and cannot contradictory clause of the introduction, analysis the existing disadvantages and shortages. The fourth part mainly discusses the second and third part of contents in the application of insurance practice, and in the light of our country in the new "insurance law" provisions of the existing problems and put forward reasonable advice and Suggestions, in order to can thoroughly solve the "insurance easy to settling the problem of difficult. |
