Case Analysis Of The The Insurer’s Explanation Obligation

Insurance contract is the gist for the insured or the beneficiary to claim for compensation when there is an insured event。Normally the contract is pre-prepared standard term, and contains exclusive clauses by which the insurer is allowed not to be whole or partially liable for defined eventS。The contract will lose its significance if the insurer rejects to compensate the applicant。 To clarify the exclusive clauses of the standard term, The Law of PRC stipulates the insurer’s obligation of explanation, yet there are still disputes in the industry and the relevant judicial practice, due to ambiguous explanative objects, vague scope, inexplicit explanation and standards。In this paper, first of all to a driving without a license and insurance claims case, brings out the insurer in practice to specify the presence of obligation system of insurer’s explanation obligation of fuzzy object and scope are not clearly defined, the insurer explanation obligation to clear operation as well as the insurer’s explanation obligation and standard is difficult to grasp the three major problems this result, the insurance practice and judicial practice. It is difficult to accurately determine whether the insurer to fulfill the terms, especially clear disclaimer obligations, it is difficult to achieve the legitimate rights and interests of the parties equality and balanced protection insurance. The second chapter combined with the driving without a license and insurance claims, the specific legal analysis of the three problems caused by the case. The third chapter from the point of view of the balance of interests, the insurer’s explanation obligation, range, standard, and the way that the insurer violates the legal consequences of specific explanation obligation puts forward legal suggestions.