The Obligation Of The Insurer Disclaimer Case Study

In judicial practice, the insurance contract format prerequisite disclaimer iseffective for the insurer before the insurance contract obligations fulfilled tips andexplicitly stated. In2009, the latest revision "Insurance Law" and the Supreme Court in2013announced a new "interpretation <People’s Republic of China Insurance Law>Issues (two)" on disclaimer for the obligation of the insurer to make further provisions.Aspects and regulations have made great progress before compared, but which theobligation of the insurer to fulfill specific way, indicating the content, the degree offulfillment and related legal consequences still lack detailed and workable regulations.Therefore, by improving the relevant laws and regulations to safeguard the insured, is ofgreat importance sustained and stable development of the insurer’s equity and the socialeconomy. This is also the author of this thesis topic selected causes. In this paper, thetheory and practice will be discussed in a manner related issues. Hoping to catch theattention of the public and relevant agencies to explain our Disclaimer insurers continueto improve the system to do their duty modest strength.The paper is a total of four chapters. The first chapter describes the first three casesrelated to this article, the focus of the case against the three controversial issues thatappear in this article will lead to major discussion. The second chapter is a necessity anda legal basis for the obligations arising from the analysis, as well as in the worldcompares to the provisions of this regime for insurers disclaimer. To illustrate ourDisclaimer insurers continue to improve the system’s obligation to provide a usefulreference. The third chapter of the case one time, and the obligation of the insuredcontents of a specific range of issues discussed and made recommendations to improvethe system construction. Chapter IV of the cases two, three appear in the obligation of theinsurer Disclaimer extent and manner of legal analysis and reasonable for the insurer tofulfill this obligation to submit proposals workable.