Research On The Liability Insurer's Duty To Defend

Liability insurance is one of the fastest growing and most problematic insurances in recent years.With the development of the times,liability insurance plays an increasingly important role in social life,but it still exists with the development of liability insurance.The larger gap and the imperfection of the system have also caused great obstacles to the further development of liability insurance.The more prominent one is the lack of the insurer's defense obligation system.The defense insurer's defense obligation refers to the obligation of the insurer to actively defend the insured's interests after the third party has filed a claim.On the one hand,liability insurance must fill losses,on the other hand,it must provide comprehensive rights protection,and the defense obligation and liability insurance have a close relationship.The principle of honesty and credit,the principle of prohibiting abuse of rights and the principle of fairness explain the rationality and necessity of the insurer's defense obligation.In determining the nature of the defense obligation,it shall be regarded as a statutory obligation and shall be jointly with the loss-filling obligation as the insurer's principal payment obligation.The two are in the same important position,and the insurer's defense obligation is not based on the loss-filling obligation.premise.The two main contents of the defense obligation are the implementation of the defense behavior and the defense costs.In the performance standards of the defense obligation,the judgment should be based on the third party's claim and the objective facts on which it can be based,compared with the single The three-person claim and objective factual standards are more reasonable.The insurer's direct substitution of the insured for defense is the best way for the insurer to perform.When the insurer and the insured have different conflicts of interest,they should give the insured an independent decision on their core interests.The right to avoid the insurer's "gambling" defense.When the insurance accident is suspected of being covered,the defense of the right retention condition enables the insured to obtain a good defense service,and also provides a clear idea for solving the conflict of interest.In resolving the conflict of interest caused by the defense lawyer's acting behavior,it should be clear that the insured is the principal in its true sense,and the defense lawyer should give priority to protecting the interests of the insured.If the insurance contract is related to the defense obligation,the violators will constitute a competition for breach of contract and infringement.If the court finally decides that the insurer should provide the defense service and fails to provide it,the insurer should first assume the liability for the property loss suffered by the insured,and also bear the defense fee paid by the insured,and will also lose The right of defense and reconciliation control and the right of dissent of the judgment result,the insurer shall also be liable for compensation for mental damage for the breach of the defense obligation due to intentional or gross negligence.Starting from the basic meaning of the liability insurer's defense obligation,combined with the relevant function of liability insurance,the performance standards,performance methods,conflicts of interest forms and solutions of the liability insurer's defense obligations are analyzed,which provides feasibility for the improvement of liability insurance system.The defense obligation shall be defined as a statutory obligation,and the content of the complaint of the third party shall be clearly defined,supplemented by objective facts as the performance standard of the defense obligation,the responsibility for breaching the defense obligation shall be refined,and the time and scope of the defense obligation shall be The contract specification is further designed.