The Doctrine Of Reasonable Expectation In Insurance Contract Explanation

This concept of protecting the reasonable expectation of the insured is originated in Britain, but because of the British conservative attitude, the doctrine didn’t get further development in the UK. The United States, is the earliest to establish the principle of reasonable expectation, after decades of judicial practice, the doctrine obtain a better development, and bring certain influence to the judicial practice of other countries and regions. With the rapid development of modern insurance industry and the increasing of insurance disputes, we should establish the doctrine of reasonable expectation in our country as soon as possible.Since the birth of the principle of reasonable expectation, this principle is controversial. The voice of Support and critical voices mainly argue around the stability of law, contract freedom, justice and so on. Supporters believe that the principle of reasonable expectation principle is a good way to protect the interests of the insured that a disadvantage position. This is the embodiment of the essence of freedom and conducive to the stable development of society; Critical scholars think that the principle will destroy the stability and authority of the law, because the principle violates the basic concept of "express the terms of the contract must be strictly abide by", and the criterion is not easy to master. After decades of development, the principle of reasonable expectation, as a kind of new interpretation principle, gradually has important influence to countries and regions and the legitimacy foundation of the principle is accepted and approved. Nowadays, although there are critical voices, but most scholars believe that the principle which is different from traditional interpretation principle can better protect the rights and interests of the insured, as well as the essence of contract freedom.As a new explanation, this principle should be reasonably expected as a "transcendence" principle, and in parallel with the other principles, when there is a state of imbalance of insurance contract, you can apply this principle. Scholars said that the principle of the reasonable expectation should satisfy three conditions, first of all, the underwriter has a full explanation of the policy terms, secondly, insurant produces the objective and reasonable expectation, in the end, the underwriter won against the interests of conscience. The three conditions exist a causal relationship, only understanding the applicable ranking and conditions of the principle, can maintain the dignity of the law and truly protect the legitimate rights and interests of the insured.Through the study of the development of reasonable expectation in the United States and other countries, as well as the analysis of the situation of China’s current insurance practice, the reasons for establishing the necessity of reasonable expectation in our country as follow:At first, in the judicial practice, abusing the Interpretation Rule of the contra proferentem is used to achieve the purpose of protecting the insured, it will hurt the authority of law; then, there are limitations of the regulation of contracting obligation in China’s newly revised "insurance law", only asking the insurer to exercise the "speak", and whether the insured is "understood" or not, but also increased the burden of proof of the insured; On June 8,2013, the supreme people’s court issued "Interpretation of the Supreme People’s Court on Several Issues concerning the application of the insurance law of the People’s Republic of China (two)",the provisions of article 4 is considered by the theoretical circle is reasonable to explain the embodiment of the principle in the law in China, the regulation says when insurance accident happens in "insurance blank period", the insurer shall bear the obligation that pays insurance gold. At last, To establish this principle in the insurance law in our country is difficult, but it will result some benefits, such as promoting the insurance’s integrity and fair trade, protecting the rights and interests of the insured, enhancing the underwriter demonstrative obligation and so on.The reasons for establishing the doctrine of reasonable expectation in our country:first, combining the perspective of legal status, economic cost, newly revised "insurance law" and the current legislation mode in China, we should adopts the mode ’the supreme people’s court confirms the doctrine in the judicial practice, as a result, it can show its attitude to this principle and plays a guiding role in the trial of insurance disputes; the supreme people’s court issued "Interpretation of the Supreme People’s Court on Several Issues concerning the application of the insurance law of the People’s Republic of China (two)",the provisions of article 4 is considered by the theoretical circle is reasonable to explain the embodiment of the principle in the law in China second, we should apply the doctrine of reasonable expectation step by step, and adhere to the application condition, application ranking of the doctrine and other factors, only in this way, it can reflect the essence justice of the law.