The Law Application Of The Duty Of Care In The Exemption Clause In Insurance Contract

The duty of care is the legal obligation of the party providing the exemption clause,and the contract law and the insurance law of our country are stipulated.With the rapid development of the insurance industry,the content of the insurance contract is more and more complicated and professional,the application of exemption clause is more and more extensive.The exemption clause of the insurance contract further requires the insurance professionals tell the general policy holder to pay attention.Based on the analysis of insurance dispute cases from the court in the recent years,The author analyze from several aspects such as the focus of the dispute between the two sides,the court concerning the exemption clause implementer identifying the duty of care and the legal nature and legal basis etc.and find that the fact identification standard of judicial practice performing the duty of care is not unified,prohibition act as the exemption clause,there are differences of the qualitative identification of performing their duty of care or not,the judgment of relationship between the duty of care and the validity of the insurance contract is not unified.Consequently,as to the law application of the duty of care,based on the case analysis,starting from identifying key points to the duty of care,the author thinks that the identifying standard of the duty of care take the form standard as principle,supplemented by standard substance.Performing the duty of care is the important condition of effecting the exemption clause.