Legal Problems Related To The Study Of The Exception Clause In The Insurance Contract

Although insurance system has a fairly long history of development, but in ourcountry, the insurance system is still in the immature stage. Insurance basic theoreticalresearch is not enough depth, the insurance business is not up to standard, theinsurance professional quality is not high enough, which largely restricts the healthydevelopment of China’s insurance system. With China’s rapid economic growth intothe21st century, the insurance industry has also been considerable development. Onthe one hand, the insurance industry can be obtained increasingly lucrative profits；onthe other hand, driven by the interests，insurance companies frequently infringed theinterest of policyholders and the insured. When insurance disputes occur, the law willundoubtedly become the primary means to resolve these disputes. Although the lawsare constantly being revised with the change of the actual situation, the actualapplication of the law is still having trouble. Therefore, it is necessary to study theproblems encountered in the reality. This article is starting from the case of FoshanCity Post Office v. Foshan center branch of China Pacific Insurance Co., Ltd.analyzing from two perspectives of the specific explanation obligation of insures andthe explanation principle of doubt benefit, elaborating some ideas of the application ofthe specific explanation obligation of insures and the explanation principle of doubtbenefit. Therefore, it is necessary to study the problems encountered in reality.This article is divided into three main sections.The legal analysis and casestudies are the main research methods.The first part is the Case Summary.This part is made up of the cause of action,the facts of the case overview and disputes arising,.This part researches the focus ofcontroversy in the cases and disputes arising, in order to discover the hidden legalissues.The second part is the Legal and Institutional Analysis. This part is consist ofspecific explanation obligation of insures and the application of the explanation principle of doubt benefit in the exeception clause of insurance contract. First of all,starting from the application dilemma of the case, introducing this question, then theauthor mainly analyzes the performance of the time,scope,mode of the specificexplanation obligation of insures. Secondly,starting from the application dilemma ofthe explanation principle of doubt benefit,the author also analyzes the applicableconditions and scope of the explanation principle of doubt benefit. This section has avery important significance to the understanding of the exception clause of insurancecontract from the from the perspective of jurisprudence and institution.The third part includes the conclusions and suggestions for improvement. First,according to the second part of the legal and institutional analysis, combined with theactual situation in this case, to arrive at the conclusion of the case study. Second,according to the legal analysis and case studies conclusions，the author proposes someideas or recommendations about the specific explanation obligation of insures and theexplanation principle of doubt benefit.