The Research On The Identification Of Liability Insurance Accidents

In the field of liability insurance,the theory of insurance accident is extremely complex.Liability insurance belongs to one of property insurance,but it is different from traditional property insurance.It also has its particularity in insurance accidents.The identification of insurance accidents in liability insurance is not a simple problem.In liability insurance,what is a liability insurance accident,and how to determine the occurrence of liability insurance accidents,there is no clear answer.At present,in our country,the theory of identification of liability insurance accidents is vague in theory and disorderly in the judicial practice.The liability insurance and liability insurance accidents not only have particularity,but also have implications.What kind of theory is adopted are very important to the legal application of the insurer,the insured,the third party and liability insurance disputes.The author believes that the theory of insured being requested is reasonable in theory and operable in practice.The author tries to borrow the retrospective date clause and extended reporting period clause under the claim-made basis liability policy of British and American countries.It can be used to make up the insufficiency in the theory of the insured be claimed.It is creatively.The article mainly focuses on the followings:The first part is the particularity of liability insurance accidents and the importance of liability insurance accident identification.This paper introduces the particularity of liability insurance and liability insurance accidents.And the importance of liability insurance accident identification research to the three parties of liability insurance.Clarify the necessity of the research on the identification of liability insurance accidents.The second part is the analysis of the legislation and practice of the identification of liability insurance accidents in China.This paper introduces the legislative status of China’s insurance law on the identification of liability insurance accidents and the standards adopted by China’s insurance law practice for liability insurance accidents.By analyzing China’s insurance legislation and practice.There are several problems in the identification of liability insurance accidents in our country after the analysis of insuran-ce legislation and practical operation in our country:the identification standard of liability insurance accidents is vague;the theory of liability insurance accidents is deeply influenced by the theory of active property insurance;The theory and practice are out of touch;the judicial practice shows disorder.The third part is the analysis of the relevant theories of liability insurance accident identification.It includes the theory of the occurrence of the damage accident and the theory of the insured being requested.And another viewpoint is divide it into accident Occurrence Basis and Claims-Made Basis,It provides reference and reference for the selection and application of China’s liability insurance accident identification theory.The fourth part is about the selection and improvement of liability insurance accident identification standards in China.The author analyzed the necessity and validity of the theory of insured be claimed.And responding to the queries it has suffered.The feasibility of the theory of insured be claimed is demonstrated.The author suggests that regarding the theory of insured be claimed as the standard of liability insurance accident identification by legislation in our country,Define the defense obligation of insurer.In this way,not only can it conform to the evolution of the purpose function of liability insurance,but also can it correspond to the theory of insured be claimed.What’ more,the author borrowed the retrospective date clause and extended reporting period clause under the claim-made basis liability policy of British and American countries.The term "retroactive date" is used to exclude damage accidents that occurred before that date.The insurance liability can only be initiated if the damage accident occurs within the retrospective period and the insurance period.Only when the damage accident occurs during the retroactive period and the insurance period."Extending the reporting period clause" can avoid the occurrence of damage accidents during the insurance period,which will affect the commencement of insurance liability only because of the earlier or later request.The insured who makes it possible for the policy to be refunded or renewed in the future at the expiration of the policy can claim compensation for damages occurring before the policy expires within the extended reporting period.