| Since the reform and opening up,under the background of the rapid development of our country’s market economy and the continuous expansion of the scope of trade,our country’s commercial activities have become more and more abundant,the quality of people’s life has been continuously improved,and the coverage of commercial insurance has also continued to expand.It became an important tool for risk aversion in life.However,the problem of improper insurance claims settlement has always been a stubborn disease that cannot be completely solved in the insurance industry.In order to pursue high profits,some insurance companies do not hesitate to make malicious and improper claims at the cost of harming the interests of policyholders,which not only hinders the normal development of the insurance industry,but also This has led to a crisis of integrity in the insurance industry.Our country’s legal system for regulating malicious and improper claims settlement by insurers is not complete.There are large loopholes in the insurance claims period and procedures,and insurers frequently take advantage of these loopholes to maliciously delay claims.The unreasonable setting of the starting point for the insurer’s verification work makes the insurer deliberately provide some evidence that cannot be reasonably obtained to make things difficult for the claimant.The insufficiency of the time limit for the payment of insurance benefits,and the lack of provisions for reaching a payment agreement made the insurer delay in reaching an agreement with the claimant on the grounds of approving the insurance accident materials.In addition,the civil legal liability for violation of insurance claims regulations is too light.The court identified the insurer’s malicious claim settlement as a simple breach of the contract,and then assumed the corresponding liability for breach of contract.However,the compensation for damages for breach of contract cannot make the claimant obtain sufficient relief,and the loss of the inherent interests of the claimant can hardly be identified as tort liability.The lack of punitive damages also cannot curb the insurer’s tendency to maliciously and improperly settle claims.This paper sorts out the relevant provisions of foreign regulations on malicious and improper claims settlement of insurers,draws on the legislative experience of malicious and improper claims settlement by insurers in the United States,Britain,France and Germany,and puts forward relevant legislative suggestions to curb malicious and improper claims settlement of insurers in my country.In terms of the claim settlement period,it is suggested that the starting point of the insurer’s approval work be advanced to the time when the insured accident is notified,so as to maximize the efficiency of the insurer’s approval work.It is recommended to make mandatory requirements for the time limit for reaching a compensation agreement to prevent the insurer from delaying the payment of insurance benefits.In terms of legal liability,it is suggested that the insurer’s malicious and improper compensation liability should be identified as tort liability,the scope of damage compensation should be expanded,and the current problem of insufficient relief when it is identified as breach of contract liability is resolved.It is suggested to add a punitive compensation system,improve the identification standards,and achieve the effect of warning the insurer. |
