Discussion On The Obligation To Explain Critical Illnesses And Dangerous Diseases

As a form of commercial insurance,critical illness insurance does not make exceptions to the law and should be logically handled in accordance with the current provisions of the Insurance Law.However,in practice,many courts have not strictly followed the provisions of the Insurance Law,but tend to protect the policyholders through legal principles or expanded interpretation.For this problem,the author has conducted research through the combination of theory and empirical evidence.The text is divided into the following parts:The first part introduces the basic theory of the explanatory obligations for critical illness insurance diseases,including the concept of critical illness insurance and the critical illness,the legislative situation of the explanatory obligation,and the specificity of explanatory obligations for critical illness insurance diseases.The second part is the empirical research.The author selects the representative critical illness insurance clause and the case of the explanatory obligation dispute related to the critical illness.The author has carried out a detailed analysis of the current state of the disease interpretation in the current practice from multiple dimensions,and then the problems in the practice are summarized.The third part is the theoretical analysis of the problems in practice.In response to the questions raised in the second part of the empirical research,the author has carried out a detailed analysis and elaboration,including problems in the way in which the insurer fulfills the obligation to explain and the problems in the basis of the court’s judgment.At the same time as the question was raised,the author fully demonstrated the necessity of the interpretation of the critical illness disease.The fourth part is the establishment of the obligation system for the interpretation of critical illness.Based on the necessity of the interpretation of the critical illness insurance diseases,the author puts forward the establishment of the obligation system for the interpretation of critical illness through the demonstration of several possible paths,and systematically designs the obligation of the critical illness insurance diseases,including the subject,content,method,time,steps,legal responsibilities and assessing the feasibility of fulfilling the obligation.The fifth part is based on the previous parts,and draws the final conclusion.The author think that explanatory obligations for critical illness insurance diseases shall be established and in the future legislation,other insurance related to medical knowledge may also require professionals to be hired by the insurer to provide explanation.