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On The Liability Insurance Accident Identified And The Statute Of Limitations Starting

Posted on:2016-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:J L GuFull Text:PDF
GTID:2296330470976478Subject:International Law
Abstract/Summary:PDF Full Text Request
During the "People’s Republic of China Insurance Law"(2009.2.28) Article 26, first paragraph, other insurance, the insured or the beneficiary of life insurance outside of the insurer to seek compensation or insurance payment of the statute of limitations is two years from the date it knew or should have known that the occurrence of the insured event. So provides accident insurance day become the starting point for the calculation of the statute of limitations of insurance, critical role. However, since the accident liability insurance consists of two parts: one is caused by the occurrence of a third party claims on the basis of the event, the second is a third party to the insured claimant fact occurred, involving the insurer and the insured, and the infringer is infringer dual legal relationship, how to define it in terms of the insured event, with great controversy. This paper argues that the event should be the basis of third party claims will lead to the identification of an insured event, because when a third party claims caused by the occurrence of an event basis, the third party to the insured claimant almost inevitability. Such as in the event of inevitable accident insurance as insurance against the accident should have uncertainty principle contingency insurance.In a clear concept premise liability insurance accident, the paper further discussion of the Insurance Law to the date of the accident insurance liability insurance as the statute of limitations is a reasonable starting point, and make sound recommendations. According to the provisions of Article 26 of the Insurance Law of currently insured once made the virulence behavior of others, the statute of limitations has been starting. By this time, if the injured party has not made a claim to the insured, due to the "Insurance Law" Article 65, paragraph 3, "Liability Insurance insured damage to a third party, the insured is not compensation to the third party the insurer shall indemnify the insured to the insurance money. " lead to difficult to exercise the right to claim the insured to the insurer. And when the third party claimant or insured liability to a third party to perform, the statute of limitations may have exceeded the insurance, the insured cannot lead to obtain compensation from the insurer. In both situations the insured is very unfair, liability insurance is recommended since the statute of limitations to the rights of the insured person may start to get exercise. In addition, due to insurance law, under certain conditions, entitle the victim’s claim directly to the insurer, but not the right to set appropriate limits for aging, leading to possible abuse of rights of victims, the paper also against this vulnerability by improving the proposals.To clarify the concept of insurance liability insurance and accident insurance law to improve the statute of limitations on the liability insurance requirements starting to reduce litigation insurance claims due to an insured event, the statute of limitations starting recognize differences arising conducive to the healthy and orderly liability insurance development of.
Keywords/Search Tags:Limitations
PDF Full Text Request
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