The Effectiveness Of The Wrong Reconciliation To The Insurer

Liability Insurance is defined in a simple way in “Insurance Law” of China,especially in settlement between the insured party and the suffered third party,also the defended of liability insurer for the insured party.Yet,in the practice of insurance it is rules in liability insurance contract that not existed in law.The contract comes from the liability insurer,it is designed from perspective of the benefit of the liability insurer,that is obviously unfair to the insurer.This article analyses the wrong reconciliation which leads to the issues in the right of insurer's participation in reconciliation and the defended of liability insurer.Suggest to the content should be increased in “Insurance Law” of China as well.Methods like data analytical,comparative analysis and case analysis are adopted in this essay.The object of this study is the reconciliation efficacy on liability insurer.In addition to the summary,this essay is composed with four parts.The first part is the overview of wrong reconciliation of liability insurance.It mainly defines wrong reconciliation and liability insurer,summarizing how the prior one effects the latter.Additionally,this paper discusses about the feature of wrong reconciliation,and brief analyzes its legal relation in liability insurance.The second part is the representation of wrong reconciliation in liability insurance.With defined reconciliation participation rights of liability insurer,it further analyzes two “wrong reconciliation” regard on not participate and participate in reconciliation by the liability insurance respectively.No participation in reconciliation is divided into two situations,whether the liability insurer receives information or not.Different situation also applies to liability insurer's agreement on dispute settlement in participation.The third part is how wrong reconciliation effects on liability insurer.Started with basic concept about the effect through the participation right and agreement right of liability insurer,it analyzes the binding force of wrong reconciliation on liability insurer.The entry point is whether the insured person can withdraw revocation agreement or not.Last section analyzes the demurrer of liability insurer,which raises the conflict of interest when they replaced the insured person.Last part is the establishment and improvement on reconciliation's effect on liability insurer.It defines legal nature of wrong reconciliation and liability insurer's participation right,analyzing legislative practice of each country as well as proposing basic concept.Then it presents personal comment on system construction about reconciliation's effect on liability insurer in China.