Study On Description Insurer Obligations

After the insurer’s obligation is established, this rule has played an important role in maintaining the balance of interests of the insurance contract parties, maintaining the stability of the insurance market, protecting the interests of consumers and so on. But in combination with the current situation of the insurer’s duty of explanation, the legal provisions and the problems encountered in the judicial practice, there are many problems to be solved in the insurer’s explanation obligation. From abroad to the insurer’s duty of law can be found in different countries and regions, the legal provisions of this obligation is used in different forms and terms. At the same time, some countries and regions have great significance to improve the relevant laws of our country.On the insurer explanation obligation of description, the law of our country will be defined as the terms of format and exemption from liability of the insurer in terms of, but all format clauses into explanation obligation of the description of the content being lack of operation. Reference to the relevant provisions of the law of Japan, it is recommended that the general description of obligations that content is limited to influence or the insured decided whether or not to purchase the terms of insurance products;description of the way,the traditional ways of insurance sales explanation obligation fulfilling way in some new sales mode is not suitable for, so in the new way of selling, the insurer perform explanation obligation should take special note, as is the case with other products sold the insurer can fulfill said the civil obligation by the notice to consumers. Through the analysis of specific cases can be found is not only theoretical circles and general insurance, the insured to specific explanation obligation performance standards to understand that there are not consistent. In judicial practice, different courts or judges’ different identified the insurer whether has fulfilled the clear differences also exist for the obligations of the standard, and determine the unity of performance standards to make insurance correctly to the insured explicitly stated, and better protect the interests of the insured, and more beneficial to the dispute solution. Adhere to the substantive standards to determine whether the performance of a clear obligation to fulfill the requirements more in line with the requirements of the protection of insurance consumers. And in specific cases, if the insurer must be able to provide the applicant’s signature stamped confirmation they have performed the evidence of specific explanation obligation, with no other evidence to overturn the situation, the court shall identified the insurer has to policyholders to fulfill the specific explanation obligation; When the insurer fails to perform its obligations or does not have a real description of the relevant content, the law should stipulate the corresponding legal consequences, to protect the interests of the insured. Current laws and legal consequences of violating the general description obligation fails to make provisions should the applicant can prove insurer fails to perform general description obligation affected the decision whether the insured and give the insured to the people’s court or an arbitration institution for the right to cancel the contract of insurance. In addition, if the insurer fails to make a prompt to the applicant, the legal consequences of the legal consequences may also refer to the legal consequences of the insurer’s failure to perform general obligations.