Case Analysis On The Exemption Clause Of Commercial Insurance Contract

Insurance contract, as a record of the insurance rights and obligations of both sides of vouchers, plays a very important role in resolving disputes. As the insurance contract belongs to standard form of contract, problems such as unfairness of agreement, dishonesty in use, imbalance of interests often happen. Particularly, exceptions in the insurance contract, which involve the exemption of insurer’s liabilities, inevitably lead to the reduce of interests related to the insured, thus, more attention should be given.In judicial practice, we often discover that exemption clauses of insurance contracts have caused a lot of controversies. This paper, taking Brice v. Peoples Insurance Company of China Beijing branch Fengtai property insurance contract case and Ji Yun Electronics Co., Ltd. v. China Ping An Property Insurance Wuxi branch of Limited by Share Ltd property insurance contract case as the breakthrough point, with the facts of the case and relevant laws and regulations, gives jurisprudential analysis on legal problems in the case. Aiming at disputes and uncertainties in this case, this paper also summarizes major problems in exceptions of China’s commercial insurance contracts and proposes suggestions on improving relevant laws of exemption clauses in commercial contracts, as the reference for legislators and decision makers.The author did researches in the following aspects:firstly, how to perfect relevant legal norms about exceptions into commercial insurance contracts; secondly, how to standardize the methods to judge the validity of the exemption clauses of commercial insurance contracts; thirdly, how to strengthen administrative investigation to exemption clauses of commercial insurance contracts; fourthly, how to improve the social supervision mechanism of exemption clauses of commercial insurance contracts.The author hopes to, through concerted efforts of all parties, solve focus issues in commercial insurance contract disputes, improve and perfect relevant insurance laws and regulations, protect legitimate rights and interests of both insurers and the insured in order to reduce insurance contracts disputes, promote healthy development of the insurance industry and make insurance products serve the public better.