Research On "Non Indemnity Clause" Of Insurance Contract

The terms of the insurance contract are rich and varied,and in these terms,the provisions which contain contents like "the insurer is not liable for indemnity,the insurer is not liable to pay,the insurer is not liable for damages"(hereinafter referred to as the " non indemnity clause " of insurance contract)occupy much space.There are reasons for the insurer to set the non indemnity clause,including the delineation of the scope of the protection of the risk,reduce the amount of payment,strengthen the insured’s duty of care and so on.According to the contents of the non indemnity clause,the non indemnity clause can be classified as not indemnify for related reasons,not indemnify for related subject,not indemnify in related circumstance,limit of indemnity and other kinds,the application of such provisions were insured do not assume responsibility for insurance claims."People’s Republic of China insurance law"(hereinafter referred to as the "insurance law")stipulates the obligation of prompt and clear description for exemption from insurance liability clause of insurance contract,the provisions of the exemption from insurance liability clause is also known as the exemption clause(hereinafter referred to as the following).The exemption clause and the non indemnity clause are two completely different concepts,it should be said that the former is the subset,but because of the law and the provisions of the invalid contract format,and the concept of exemption clauses in insurance contract are not clearly defined,in the judicial practice,it can be controversial whether a given non indemnity caluse belongs to exemption clause,invalid clause or effective clause,to solve this kind of dispute,we should examine the specific content of the provisions,grasp the general principles of the insurance contract and balance the interests of all parties.