Study On The Legal Exemption Clause Of Insurer Of Life Insurance

With the development of insurance industry and the increasing legal awareness of the public,there are more and more life insurance disputes about policy-holders'fraud and refusal of indemnity,which make the legal exemption clause of insurers in life insurance become the focus of public attention.The legal exemption clauses of life insurance in China are mainly embodied in Articles 43,44 and 45 of the Insurance Law.As the establishment of the statutory exemption clause for insurers involves not only the balance of interests between the parties to the contract and the stakeholders,but also the balance between the maintenance of social peace and good customs and the private interests of innocent victims,such as the insured and the beneficiaries of good will,it is very important to set up the statutory exemption clause for insurers.This article will take article 43-45 of the Insurance Law as the object of analysis,analyze the rationality and defects of the three articles,and then put forward some suggestions to improve the defects of the three articles.The full text contains an introduction and the body,which contains five parts.In the introduction,the background of the topic is introduced firstly,then the research status of the topic at home and abroad is sorted out,and the significance of the research in theory and practice is pointed out.The first part of the text first introduces the concept of the legal exemption of the insurer of life insurance,then introduces three clauses of the legal exemption of the insurer of life insurance,and finally expounds the legitimacy of the legal exemption of the insurer of life insurance.The second part discusses the clause of Article 43 of the Insurance Law on "the policy-holder and the beneficiary intentionally kills the insured".It points out that the policy-holder intentionally kills the insured should be divided into three situations:the policy-holder is not the beneficiary,the policy-holder is the sole beneficiary,and the policy-holder and the third party are the co-beneficiaries.The beneficiary who intentionally kills the insured should be deprived of the beneficiary's right to benefit.In determining the attribution of the insurance benefits,it is stipulated that there are multiple beneficiaries and only one beneficiary.The third part probes into the clause of "insured suicide" in Article 44 of the Insurance Law.It holds that the provision of recalculating the period of suicide exemption at the resumption of life insurance contract from the date of resumption of effect is not only inconsistent with the nature that the resumption contract is the continuation of the original insurance contract,but also contrary to the purpose of establishing the system of the period of suicide exemption.This clause is too partial to the operation convenience of the insurer and too strict to the insured,so it should be deleted.At the same time,it is unreasonable that the exemption clause of suicide is confined only to person without capacity for civil conduct in the Insurance Law of our country.In the future revision of the Insurance Law,the exemption clause of suicide should be based on the insured's willingness to commit suicide.The fourth part is to discuss the article 45 of the Insurance Law on "the intentional crime of the insured".It responds to the controversy about the insurability of intentional crime,and holds that the occurrence of insurance accidents caused by the intentional crime of the insured should be regarded as the legal exemption of the insurer.The determination of intentional crime in the insurance law should strictly follow the standard of criminal law,and we should draw lessons from the principle of proximate cause to judge the causal relationship between the intentional crime of the insured and the occurrence of insurance accidents The fifth part puts forward some suggestions to improve the existing problems in the three clauses of the legal exemption of the insurer of life insurance,and makes a brief summary of the main points expounded in this article.