The Study On The Malicious Tort System Of Insurers

"Difficult claims" is a persistent disease in China's insurance industry,so insurance disputes in China's litigation cases in a large number.Although the current legislation has made relatively perfect provisions for insurers,but there are still some deficiency.There is no effective legal basis to punish the malicious claims of the insurer,and the protection of the legitimate rights and interests of the insured or the victim is not enough.The system of malicious tort liability of insurer originated in the United States.With the development and progress of many cases in American courts,American courts generally recognized that the insurer should bear tort liability for breach of good faith and fair obligations.The malicious infringement of the insurer not only violates the obligation of good faith in the contract law,but also has the attribute of tort.To construct the system of malicious infringement of insurers,we should not only clarify the constitutive requirements of their acts,but also standardize the scope of liability.The litigant who claim that the insurer shall bear malicious tort liability shall prove the facts of his claim in accordance with the principle of comprehensive proof.The introduction of malicious infringement by insurers in China will not only protect the legitimate rights and interests of the insured or the victim,but also promote the healthy development of the insurance industry.