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Research On The Explanation Obligation Of Insurer’s Exemption Clauses

Posted on:2021-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:M QiFull Text:PDF
GTID:2416330629988822Subject:Law
Abstract/Summary:PDF Full Text Request
The insurer’s exemption clause states its obligation to require the insurance company to explain to the insurer the reasons for the exemption stipulated in the contract when entering into a contract with the insurer.If no explanation is given,the exemption clause will not have legal effect.In practice,the number of disputes surrounding the performance of the insurer’s accountability has increased year by year.The reasons for this problem can be summarized from three aspects: legislation,justice,and law compliance.Specifically,at the legislative level,the current effective laws are not clear and clear in defining the obligations of insurers.And the provisions on the difference between the obligation of presentation and the obligation of explanation are relatively vague.At the same time,there is a certain lag in the legal norms,and it cannot respond to the new problems caused by the online insurer’s performance of the obligation of explanation.Different judgments in different cases affect the uniformity of the judiciary.At the level of law compliance,on the one hand,insurance companies are neglecting to perform their duties and their awareness of law compliance is weak.The explanation was unreasonable,and it was difficult to give evidence in court to lose the case.This article puts forward perfect suggestions on how to overcome the poor actual effect of the insurance company’s performance of the obligation to clarify in practice,and the court’s unclear criteria for the performance of obligations after the dispute.In theory,it further clarified the correctness of the theory of "different contract theory" in the determination of the relationship between card purchase and activation in the performance of card-type insurance declaration obligations.The article focuses on the legal relationship between the insurer and the activator in the case where the criteria for prompting obligations are not clear,the initiative of the insurer to explain obligations online is not strong,and in the case of card-type activation.Regarding the problem of unclear identification criteria of the obligation of presentation,the article clearly distinguishes between the obligation of presentation and the obligation of description,and proposes an exemption clause for the prohibitive norm based on the original research.On the basis of the prompt,the insurer should be informed of the violation of the norm.Legal consequences.Regarding the problem that the insurer’sonline description of the obligation to perform is not proactive,the article proposes that online description should try to avoid “embedded” and “click-to-read” methods to set up contract terms links,and propose that audio and video can be used.,Animation and other forms to enhance the initiative of fulfillment.For card-type activation,the article states that the agency legal relationship between the policyholder and the activator should be clearly defined.
Keywords/Search Tags:Exemption clause, Obligation to explain, Accreditation Standard, Online help, Card insurance
PDF Full Text Request
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