The Study On The Specific Explanation Obligation Of Insurers

The topic of this study is the specific explanation obligation of the insurers. But this obligation hasn’t a good evaluate and arouses much dispute. When case comes to a court, the side of insurers is in a dry tree. The judges often think the other side is belong to vulnerable groups, and are willing to they may win the lawsuit. For this purpose, the author hopes to analysis the issues of the specific Explanation obligation of insurers.This article is divided into four chapters.The first chapter introduces the concept and the nature of this obligation and its differences from relevant concept. In this part also introduces the legal basis of this obligation. It’s a fundamental content.The second part is about the scope which the insurers should explanation. In this part the author firstly introduces the controversial issues at present in theory and in practice, then points out in theory how to define whether a clause is to exempt insurers’ obligation or not.The third part is about the problems of performing the specific explanation obligation at present in China. It includes two parts. One is about the problems of performing the obligation of noting. In this part it shows two cases to point that the obligation of noting and explanation obligation have differences. And then it discusses how to perform the obligation of noting. The second part of this chapter introduces the explanation obligation. The burden of proof of this obligation lays insurers’ party. In practice, the insurer often through these ways to prove that they have fulfilled the specific explanation obligation: submit the insurance terms, which the exempt clauses are bolded and blacked, or printing the exempt clauses alone, or submit the insurance terms which have “Expressly told”, “Important notes”,“Insured Statement” with the applicants’ signatures. But there are different views about that such evidences could identify the insurer have fulfilled the explanation obligation. So the author shows two cases to point the fulfillment of the explanation obligation.The fourth chapter tells about the liability on violation of specific explanation obligation. One opinion is when the insurers violate the specific explanation obligation, the applicants have a right to cancel the contract; the other opinion is that the applicants have a right to terminate the contract. The current law stipulates that if an insurer hasn’t explained the clauses of exempting insurer’s obligation, the provision is invalid.