The Study On The Penalty Compensation Of Insurer's Malicious Act

Insurance is a way for insurance consumers to invest.But with the insurance industry' s development,many drawbacks are gradually revealed,which "claims difficult" is the most prominent issue.Although the insurance contract has stipulated the standard of payment of insurance premiums,but in the process of claims can not avoid the insurer to escape the insurance liability,which lack of legal or factual basis of malicious compensation.It is difficult to protect the legitimate rights and interests of the insurance consumers according to the provisions of the general breach of contract or the relevant provisions of the existing"Insurance Law",and to curb the malicious repayment of the insurer.The application of the punitive damages system can be used as the final means of remedy to make up for the indirect losses that can not be guaranteed by the breach of contract.It can also be deterrent to the insurer,curb its bad behavior,purify the insurance industry' s claims atmosphere,and maximize the protection of insurance consumption The interests of the insurance industry to promote the healthy development.At present,China regulate the insurance industry is to punish the insurance company with administrative responsibility mainly,for the civil liability aspects of relatively small,foreign research in China is very useful,although the legal system may be different,we can study its rationality to develop our system.This article mainly uses the comparative method and the case analysis method to carry on the analysis,research to the insurer's malicious behavior,integrates the different opinions of the domestic and foreign scholars to put forward their own opinion on the application of the punitive damages,the necessity of its application,the existing problems in our country and the application for a detailed study.The first part mainly defines the types of malicious and malicious acts.The insurance contract is essentially a consumer contract that is unequal in the status of the two parties.The insurance investor can be said to be a consumer who purchases the insurance product or service.The insurance contract itself needs to be insured because of the lack of knowledge of the insurance profession.Its interpretation to make a choice,to a large extent,its understanding of the insurance products are relying on the introduction of insurers,reflecting the disadvantaged position of insurance consumers.And the responsibility arising from this is based on the insurance contract,mainly the responsibility of breach of contract,but also the insider's subjective and vicious requirements are higher,so this article will be malicious as "intentional" state.At the same time in order to protect the interests of insurance consumers better,we conclude the several major types of malicious behavior.In the serious application with punitive damages to affect the insurer.to protect the interests of the opposite party.The second part expounds the necessity of punitive damages.In the case of insurance consumers are clearly in a weak situation,in order to maximize the protection of the interests of insurance consumers,and balance the interests.Although at this stage can be carried out by allowing the insurer with the administrative responsibility or enforcing them to do,but these do not bring benefits to insurance consumers,their indirect losses can not be made up.And what the insurance companies do is only a speculative act,"if it can not compensate is better," this psychological to promote its malicious breach of damage to the interests of insurance consumers,so we need to curb the breeding of such acts in all directions,punitive The application of indemnity is indispensable.The third part mainly discusses the applicable conditions of punitive damages.Due to the large amount of compensation arising from punitive damages,it shall be prudent in its application and shall meet certain conditions.First of all,it must have a subjective intentional vicious;and if you do something to breach the contract,you need to bear the resulting liability for breach of contract;Finally,it will cost the other losses to the insurance consumer,such as indirect losses.Punitive damages are not only to punish the insurer with the high compensation,but also to fully protect the interests of the disadvantaged party.The fourth part is the amount of punitive damages.The amount of punitive damages can not be arbitrarily provided,there must be the highest limit of the standard,we must take into account the affordability of the insurer,the degree of loss of insurance consumers,the amount of premiums and the amount of insurance claims should be paid to determine the maximum amount of punitive damages,within the limits to determine the amount,which also can avoid difficult to pay the situation.At the same time this article also refers to the "Consumer Protection Law"and other legal provisions on the amount of restrictions.