An Study On Insurer’s Obligation Of Prompt And Explicit Explanation

The insurance contract is connected between the policyholder and the insurer to form the insurance relationship.Insurance contract is generally a standard contract formulated by the insurer.In the process of making the standard contract,the author uses scientific calculation method,uses big data to study and pre judge,and scientifically formulates the insurance rate,so that the premium can keep a balanced state with the actual risk of risk and make profits.The insurer has enough understanding of the format contract,The insured does not participate in this process.In order to guarantee the fairness of the contract,the insurer should bear the obligation of explanation of the contract text,especially the clauses which have great significance to the policyholder.For example,the exemption clause,the insurer shall bear the obligation of prompt and clear explanation.The relevant laws and judicial interpretation of insurance in China have stipulated the proof and performance standards of this obligation.However,in the specific practice,there are still a lot of disputes concerning the exemption of liability of insurance contract.Through the study of the court’s judgment,the standard of issuing judgment is not uniform.Therefore,this paper uses the methods of literature analysis and case analysis to study,combined with the actual situation of the relevant operation of insurance industry and judicial trial cases in China,this paper makes a legal analysis of the issues of prompt and clear explanation of the connotation,legal basis,time and way of performance of obligations,aiming at the prompt and clear explanation of obligations in typical cases,It provides some reference for improving the operability of judicial practice,in order to promote the healthy development of insurance industry.This paper is divided into four partsThe first part mainly analyzes the cases that have been collected,which involve prompt and clear explanation of the obligation as the focus of the dispute,and understand the court’s support for the insurer’s performance obligations and the main reasons for the failure to support the insurer’s performance of the obligations.Through the analysis of the court’s trial reasons,we find the possible inconsistency in the trial process,and prepare for the further evaluation.The second part mainly introduces the obligation of prompt and clear explanation theoretically,including different views of different scholars on the connotation of prompt and clear explanation of obligations and the legal basis of obligations.It discusses the prompt and clear explanation obligations from the legal level.The third part mainly aims at the prompt and clear explanation of the performance of obligations,and the fulfillment is the premise of the realization of the purpose of the obligation.The article analyzes the main body of performance,time,standard and way of performance from the perspective of prompt obligation and clear explanation of different obligations.The fourth part focuses on the suggestion of the insurer and the suggestion of perfecting the judgment rules.Through the analysis of the specific legal provisions and practical cases of the insurer’s obligation of explanation,the author puts forward some suggestions on the judicial cognizance on the basis of balancing the transaction efficiency and fair transaction.It mainly includes the reasonable definition of the scope of "exemption clause",the examination standard of prompt and clear explanation of obligations,the validity of company signature and the confirmation of non-standard clauses.