Research On Legal Issues Of Insurance Claims

Insurance claims in the event of accident insurance, is an important process and key steps of insurance beneficiary, insurance compensation function. However, because of the insurance itself has a strong professional, the insured, the beneficiary of the insurance contract interpretation often occur in error, insurance claims is difficult to strictly in accordance with the provisions of the insurance claims process, is often the result of insurance claims disputes. Relevant laws and regulations, coupled with our standard insurance industry is adjusted from time to time but is still not perfect, so the insurance claims disputes still exist many disputes in judicial practice. Through the analysis of current situation of insurance dispute in our country, the insurance claims disputes accounted for a large proportion in the dispute dispute occurs according to different time points, time can be divided into insurance disputes in concluding an insurance contract, the insurance contract in force to the period of insurance accident insurance claims, insurance period, payment period of time. According to the contact in the practice of insurance claims litigation case, the first three hours of the most prone to disputes in the selection of a more typical of such disputes, the dispute on the obligation to inform whether the controversial disputes, insurance claims insurance claim insurance in case of overlap and around the insurance claim rights transfer the insurance claim dispute.Because the obligation is fulfilled triggered disputes major point of contention is the scope of the subject of the duty of disclosure obligations, including who and when to perform different cognition and understanding. Combined with the status quo of China’s insurance industry and domestic and foreign judicial practice in the case of experience, the main duty of disclosure should be expanded in the scope of the provisions of existing laws, the insured, the beneficiary, insurance brokers, insurance contract clearly stipulates the scope of assistance as the main body and the following question this doctrine should be performed within their respective the obligation. Perfect the legislation and the burden of proof system is an important way to avoid and solve this kind of dispute. But the insurance by the insurance claims disputes due to the responsibility of insurance dispute between the insurance, so the insurance accident to clear the compensation insurer sequence and proportion is discussed the core meaning of concurrence of insurance. In accordance with the Convention, in our country insurance compulsory insurance should be a priority in compensation for voluntary insurance, so the real controversy exists in the same sequence between the voluntary insurance should follow what the compensation order and allocation rules. In order to realize the basic function of insurance compensation, taking into account the principle of fairness of the market, should establish a national insurance information platform in order to determine the real situation of insurance concurrence, and set up a new chapter in the "insurance law" in the provisions of the insurance that is under the condition of compensation rules. On the transfer of insurance claims insurance claims disputes is always there is a kind of special, although the new insurance law judicial interpretation in the relevant provisions on "benefits transfer", but not really clear insurance claim rights transfer. Compared to "transfer" and "insurance beneficial right of claim rights transfer paper, so the insurance claim should be the theoretical basis and practical significance are allowed to transfer, and then puts forward the idea about the specification of the transactions.