Study On The Insurer’s Insurance Liability In The Case Of Sudden Death

Now with the increasing pressure on work and life,sudden death events occur frequently.For such cases,there’re different judgment ideas in the question of whether the insurer should take responsibility.This is mainly related to the lack of clear provisions on the accidental injury and the lack of burden of proof.In this paper,from the perspective of empirical analysis,by analyzing the relationship between accidental injury and sudden death,the exemption conditions,the distribution of the burden of proof,the application of the principle of proximate cause,combined with domestic and foreign theories,the author tries to explore the questions about the insurer’s liability in sudden death cases.In addition to the introduction,this article is composed of four chapters:The first chapter is about the raise of question.From the case of more than one hundred cases,the recent years of sudden death insurance disputes and the quality of the quality of the statistics and combing,analysis of China’s sudden death in the accident liability insurance on the existence of the problem.Whether there is a sudden death of accidental damage is defined as fuzzy,exemption from the validity of the provisions of different principles of proximate principles and the distribution of the burden of proof and other issues.The second chapter deals with the relationship between sudden death and accidental injury.Mainly from the relationship between sudden death and accidental injury,"sudden death does not lose" the validity of the terms of the terms of the two aspects of the discussion and analysis.The author from the perspective of empirical analysis,combined with relevant theories and perspectives at home and abroad,the disease is not an accidental injury.Sudden death is only an external form of death,the root cause is due to the potential disease caused by the body,but there will be some external accidents as a combination of incentives for the situation.Second,the "sudden death does not lose" exemption clauses are effective,mainly by the insurer’s tips and clearly stated obligations,the court should be comprehensive reference to formal standards and substantive standards for specific identification,to ensure fairness.The third chapter is about the application of the principle of proximate cause.The sudden death caused by a variety of causes requires the court to analyze the mode action of these causes together,to find out the proximate cause of sudden death.The methods about determination of proximate cause include vertical methods and horizontal methods.For the case of sudden death if there are insurers and non-underwriting factors in the case of co-operation,you can also use the culling and substitution method,the occurrence of death from the necessary and decisive Factors for the proximate cause.If the proximate cause of sudden death is within the scope of exemption factor or non-insured factor,the insurance company does not assume insurance liability;if the sudden death due to the scope of coverage,the insurance company should be responsible;if the sudden death of multiple causes,including both of the insured factor and the exemption factor or non-underwriting factors,will have to further identification in accordance with the proportion of compensation.At the same time,the author believes that the principle of proximate reason in the specific application process will be subject to the subjective understanding of the judge,the insurance contract restrictions and other factors.The last chapter is about the distribution of the burden of proof when the cause of sudden death is unknown.By comparing the standard of burden of proof in civil law and insurance law,combining with the analysis of specific insurance disputes,the author points out the standard of burden of proof in insurance law.The author puts forward that the standard of proof of burden of proof in insurance law should be divided into the initial proof of liability of the claimant,the expropriation obligation of the insurer and the proof of proof of the insurer.The initial proof of the limit should be based on the insured person can not provide the relevant evidence of the reasons for the subjective or objective as the standard.If the insurer can prove that the insured person has given the appropriate insurance liability after receiving the notice of the risk,has been promptly informed to the beneficiary only to the insured person for autopsy to exclude the cause of his death is caused by its physical illness factors.Under the premise,if the beneficiaries still refused to autopsy and thus lead to the cause of death can not be identified,the beneficiaries should bear adverse legal consequences.