Analyzing Mr.Tian Sues The Ping An Insurance Company For Failing To Perform The Explanation Obligation

China's "Insurance Law" the seventeenth one is about the insurer of the standard terms tips and instructions obligations.In view of the information asymmetry between the insurer and the insured,and the standard terms are drawn up,without consultation and other characteristics,requirements of the insurance contract the insured to perform the obligations,especially on the contents of the exemption clause to the applicant in written or oral form to be clear.But in reality,when the insurance companies sell insurance products,the insurance agent or the clerk is rarely able to fulfill the obligations of the insured.This information asymmetry caused by the insurer and the insured,the insurance parties understand the terms are different,often in the court.Because the insurer fails to fulfill the obligation to explain the insurance disputes occur frequently.In this paper,Mr.Tian sues Limited by Share Ltd Kunming branch of Ping An Property Insurance company contract dispute China case as the starting point.First introduced the case and trial result of the case,summed up the focus of controversy of the case.Secondly,the focus of controversy in this case caused as a starting point for comprehensive analysis,special requirements on insurance exemption clause in the contract into effect the insurer,and fulfill the obligation of the scope,extent and manner,that their point of view based on the legal analysis of the focus of controversy.Finally,according to China's current insurance industry,and the lack of relevant legislation,the author draws lessons from foreign insurance law the obligation of legislation and judicial practice for our country insurers that put forward their own proposals to improve the compulsory system.