Study On Insurance Coverage Of The Third Party Liability Around A Trafifc Accident Resulted From The Use Of The Covered Auto By The Borrower

In recent years, with the growth of China’s motor vehicle quantities, the numberof auto insurance disputes also increases. In the judicial practice, the cases about thethird party liability insurance increase accordingly. To solve such cases, theidentification of the application scope of the commercial third party liability hasimportant significance theoretically and practically. In this paper, the writer analysesthe coverage of the third party liability from a traffic accident which is incurred by thenamed insured lending the coverd auto. And the writer also analyses the leagalliability of the insurer, when the accident arised but the people drving coverd auto isnot the insured in the insuring agreement. The focus of this paper is whether theperson drving the coverd auto is belong to the scope of ‘insured’.Besides introduction, there are three parts in this paper:the background of thecase and case central point and diffrent opinions, the legal analysis about this case,and a conclusion.The introduction explains the practical significance of the settlement of suchcases.The first part of this paper includes two aspects. One is brief introduction of thecase, which is about a dispute induced from the third party liability insurance in atraffic accident. The other is summarizing the dispute focus and disagreement in thecase.The second part is the core of this paper, and consists of three sections.ⅠWhether the third party liability applies to the compentory damages paid to thevictim by the borrower, which is caused by a traffic accident and resulted from the useof the covered car. The insured accident and insurer′s responsibility are the content toanalyse in this section, which constitute the insurance coverage.ⅡWhether the borrower belongs to insured. In fact, this question should beclassified into the category of the study about insurer′s responsibility. Because it iscritical to the identification of insurance coverage, in this section it will be discussedseparately. And it contains the definition for insured and the acknowledge of insurance interest of the insured.ⅢThe analysis of insurance claim. This section is mainly to figure out theproplem of who is entitled to claim for insurance.The last part is about the conclusions and suggestions. The conclusions are asfollows: the person who used the covered auto with the named insured permission isdeemed to insured, the insurer still has the libility when the covered auto user is notthe named insured in the agreement, the insured who actually compensated the victimhas the right to claim for insurance.Meanwhile, there are some suggestions to solvesuch disputes.