Disclaimer Effectiveness Analysis Of The Insurance Contract

The insurer has a natural advantage position，if the insurer financial strength,professionals and more, they can unilaterally proposed contract terms. This makes theprocess of entering into an insurance contract,the status of the parties is often unequal.Also, because Disclaimer Disclaimer insurance contracts and other types of contracts isdifferent in nature, the law allows the existence of a large number of the terms of theinsurance contract liability insurer exemption exists. Therefore，in practice, often findthat insurers will use these two doping lot of unreasonable in the insurance contractdoes not even own a legitimate exclusion or limitation of liability clause, which infringethe insured, the insured or the beneficiary legitimate interests. Therefore, the exemptionclause of the insurance contract legal regulation is necessary.In this paper, two cases lead content evaluation and program evaluation questionsthe effectiveness of the insurance contract disclaimers intended to clarify how to judgethe effectiveness of the insurance contract disclaimers through both content and process,while the exemption clauses in insurance contracts defines the concept and scope, andfinally for the current problems regarding the effectiveness of the insurance contractdisclaimers made some suggestions.