The Principle Of Causality Determination Of Whether The Insured Died Of Accidental Injury

In the contemporary society with the vigorous development of insurance industry,insurance products are complicated and constantly innovating.Among them,accident insurance has become one of the most popular insurance products among consumers with its advantages of low threshold,high compensation and wide coverage.Accidental injury insurance is a kind of risk evasive means created in modern society to deal with all kinds of accidental risks.This type of insurance is the most leveraged product among many types of insurance with small amounts but high loss ratios.At the same time,it also covers traffic,disease,social activities and other aspects of residents’ lives.In this case,accident insurance has become one of the most popular types of insurance for consumers due to its advantages of low threshold,high compensation,and wide coverage.With the continuous increase in the number of accident insurance coverage,a large number of related litigation cases also arise.Among them,the question of whether the insurer should pay after the death of the insured in an accidental injury accident has become one of the difficulties in this type of litigation.The adjudication of this type of case focuses on the determination of the cause of the accident that caused the death of the insured and the matching with the coverage of the accidental injury insurance contract,that is,the determination of the causation between the death of the insured and the accidental injury.As the current insurance law of our country has not clearly stipulated the specific rules or principles for the determination of causation,in practice,the People’s Courts cannot obtain clear guidance of laws and regulations when hearing disputes over accident insurance contracts,which inevitably leads to the confusion in the application of judicial judgments and laws and the differences of the results of the referees.In the field of insurance law theory,there are some theories mainly involve the recognization of the causation,such as proximate cause,equivalent causation theory,natural formation theory and proportional causation.Each theory proposes solutions to causation from different perspectives,and there are also certain drawbacks and deficiencies:Proximate cause theory proposes to identify the main and most direct cause of insurance accidents but doesn’t give the detailed methods of analyzing;The theory of considerable causation proposes to extract the damage result and the cause of damage in a specific case and place it in a general situation for analysis,but it is slightly insufficient because the theory relies too much on people’s subjective consciousness;The theory of natural formation proposes to explore the background of the cause of the insured accident,and to judge whether the damage result is the result of the natural development of the cause;The theory of proportional causation advocates that the factors that lead to the occurrence of insurance accidents should be divided according to their respective influences,and specific insurance liabilities should be allocated according to the corresponding proportion.After a comprehensive analysis of the existing academic theories dealing with the principle of causation and a comparative analysis,this paper advocates the establishment of causation identification rules in our country’s insurance law with the principle of proximate cause as the legal core and the principle of proportional causation as the supplement.The reason lies in that,on the one hand,the function of the principle of proximate cause to deal with causality of insurance law has a long history in the field of insurance law,which can withstand the double test of theory and practice;On the other hand,the principle of proportional causation puts forward a more detailed analysis of the proportion of each damage cause caused by insurance accidents,which reflects the standardization and objectification of causality determination.Therefore,by introducing the above two principles into the causality determination system of Insurance law in China,can not only retain the principle of proximate cause to explore the advantages of the main and most direct cause of the accident,but also use the principle of proportional causation to distinguish the proportion of insured accidents caused by various causes.Finally,it will provide theoretical support for making up for the lack of the principle of causation in our country’s insurance law and guiding judicial judgment work in accordance with the law.It plays an important role in protecting the legitimate interests of the parties to insurance contracts,promoting the healthy development of the insurance industry,and social harmony and stability.