A Research Of The Application Of Exclusions And Insured Risks Under Multiple Causes

This paper is a study on the application of exclusions and insured risks in China's insurance practice under multiple causes.Due to the lack of provisions.in China Insurance Law on the application of exclusions and the insured risks,so currently there are differences in judicial practice.This paper mainly uses the judicial trial cases as the entry point,interprets the relevant cases in practice and the divergence of insurance law theoretical circles,and analyzes the application dilemma of exclusions and insured risks under multiple causes.At the same time,the method of comparative research is used to compare the legal systems and theoretical models of different countries dealing,with the two under multiple causes,and find the similarities and.differences,advantages.and disadvantages.The purpose is to propose a reasonable solution from the perspective of China's legislation and insurance contracts to deal with the application of the insured risks and exclusions under multiple causes,so that the courts can have legal compliance to deal with such insurance disputes.A legal effect that can reasonably be expected in a stable legal relationship and when the court determines insurance liability.In addition to the introduction and conclusion,this paper is mainly divided into four chapters for discussion.The first chapter briefly summarizes the application of exclusions and insured risks under multiple causes,and concludes that there are differences in the application of the two-cause application in judicial practice in China.There are two main solutions:one is to consider exclusions applies preferentially,and the insurer does not need to bear the liability for compensation.Another way is that the exclusions are not preferentially applied due to multiple causes.The insurer can only exempt the insured risks based on the force of the exclusions on the insured accident,and insured risks the insurer still needs to make compensation for some losses caused by the force.The second chapter is to study the judicial practice of preferential application of exclusions.First,introduct the theory of preferential application of exclusions.Second,analyzes the cases.Finally,analyze the pros and cons of this application.The third chapter is the study on the practice of proportional application between the exclusions and insured risks.Through the case of proportional application under the multiple causes,it analyzes the theoretical basis of supporting the judgment and analyzes the advantages and disadvantages.The fourth chapter mainly explores the solution to the application of exclusions and insured risks under multiple causes.On the basis of the first three chapters,by comparing the foreign methods,we will find a solution that suits our national conditions,thereby balancing the interests of the parties to the insurance contract.