Study On Third Party Liability Insurance Claims Directly

How to strengthen the protection of the third party in liability insurance is a very important lesson for both liability insurance legislation and practice to figure out. The new Insurance Law revised in2009has definitely described the direct request rights of third party by article65, which is the first time the direct request rights has been ensured in the principal insurance law. And it shows the historical significance. But we should realize that our country’s legislation system is not unified and the confusions in theory it caused lead to dispute in practice. This paper refers to the related theoretical research and legislation practice of the direct rights for the third party abroad, based on the instruction of the law of contract, the abuse of authority law, the general rule of civil law and the basic theory of the insurance law. Besides, it has researched some basic problems of the direct request rights for the third party in liability insurance, for example, the legal principle theories, the limitation, the rationality, the application conditions and the rejection the third party will encounter.Generally speaking, we should solve these interrelated problems by realizing the differences of compulsory liability insurance and random liability insurance. We should choose the original acquisition theory and rights transformation theory as the two informer insurances’third party direct request legal principle. Obviously, we could easily tell the differences between the essence of the direct request right in the two different theories. The use of the rights is limited and should change according to certain conditions based on the two kinds of rights. Also the counterplea the third party will encounter when using his direct request right are different. In the compulsory liability insurance, only the matters which the insured resist the third party could be used by the insurer to insist the direct request; as a contrary, in the random liability insurance, the insurer can use not only the former resisting matters but also the matters that they insist the insured to insist the third party. It is high time that we improve our country’s legislation from the structure to content. On one hand, The new Insurance Law should be marked as the common law, describing the principle matters. On the other hand, the compulsory particular law should be used to prescribe the essence, using and counterplea of the direct request right of third party. Only in this way will the original legislation purpose which is to protect the legal rights of third party finally come true.