Comment On Property Insurance Contract Dispute Case Of CHEN And A Insurance Corporation

With the sustained growth of motor vehicles and the rapid development of the insurance industry, there are a large number of disputes over motor vehicle insurance contracts. The plaintiff(Chen) and the defendant(a property insurance company) entered into a property insurance contract about Theft Protection. After losing the vehicle, they disputed over whether the defendant should assume the liability of contract and how much the defendant compensate for this. This case involves four legal controversies:Firstly, whether the disputed clauses in format contract belongs to the overlord terms in this case; In addition, whether the insurance contract has entered into force in this case; What’s more, whether the beginning of insurance period of this case is in accordance with the beginning of the period of insurance liability; Lastly, is the amount of compensation in this case based on insured amount or insurance value? The author combines the focus of legal dispute with the theory of insurance law to conduct a case legal review. Special agreements about the period of insurance liability belong to the overlord terms. Insurance contract is a format contract, the scope of the exemption clause in the format contract shall be defined by reality. The procedure, content of the law and legal interpretation, the validity of the exemption clause are strictly restricted to protect the interests of the applicant or the insured. Legal theory is able to make up for the deficiency of law, which can effectively prevent the emergence of the overlord terms from the perspective of contract freedom, justice, the principle of utmost faith. The insurance contract of this case is established and come into force. Insurance contract has general and special requirements of validity. Insurance contract is different from ordinary civil and commercial contracts, such as insurance interests, insurability, the obligation of caution and clear explanation. The beginning of insurance period of this case is consistent with the beginning of the period of insurance liability. Effectiveness of the insurance contract, the period of insurance, and the period of insurance liability are different legal concepts, which means they have different connotations and their time cannot overlap. Meanwhile, if there lated parties are in dispute, we could apply unfavorable interpretation principle to it. The amount of compensation in this case is based on insurance value. Compensation is limited by insurance interest, actual loss and insured amount. Based on the principle of fairness, if the insured make some mistakes, the insurer may partly reduce the liability for compensation.