On The Distinction Between The Coverage Clause And The Insurance Exemption Clause

With the rapid development of China's social economy,the insurance system has been continuously improved,and the insurance industry has gradually become an important part of China's financial system.At present,the theoretical circle has not made a distinction between the coverage clause and the disclaimer clause in the insurance contract.Therefore,the parties to an insurance contract dispute over the nature of the "liability exemption" part of the insurance contract,and the cases that lead to litigation also occupy a certain proportion.The author thinks that the clause that the insurer does not bear the liability to indemnify is not completely belong to the insurance exemption clause in the legal sense.A clause which is determined to be outside the scope of the coverage is not an exemption clause and shall be an exclusion clause.From the perspective of legal logic,the assumption of liability by the parties is the premise of the exemption.This paper differentiates them from three aspects,including their applicable principles,the types of obligations performed by insurers and their regulation methods,and mainly elaborates from the following five parts:In the first part of this paper,the author respectively takes four insurance contract disputes as the entry point,the controversial clauses in these four disputes are all the clauses of the insurance contract "the insurer does not pay compensation",but the court has different views on its determination.The classification of four disputes leads to the author's consideration of the scope of coverage and insurance exemption clauses.In the second part of the thesis,the author defines the scope of non-insurance clauses and the insurance exemption clauses respectively.The meaning of insurance liability range is explained first.Then discusses the meaning and characteristics of the scope of non-protection clause.At last,the paper expounds the meaning of the insurance exemption clause and summarizes its characteristics.The third part first discusses two viewpoints of the academia about the scope of coverage and the insurance exemption clauses,and the author agrees with them and the reasons.Secondly,it discusses the necessity and significance of differentiating the scope clause and the insurance exemption clause.The fourth part of the article mainly discusses the differences of the scope of coverage and the application principle of the insurance exemption clause,the types of obligation performed by the insurer and the way of legal regulation.In the fifth part of this paper,the author summarizes three kinds of trial opinions on the dispute of the scope of no guarantee and the insurance exemption clause in our judicial practice through collecting cases,and expounds his own views on the three kinds of trial opinions.At last,the author puts forward some Suggestions on the problems existing in judicial practice.