Insurance Contract Exemption Clauses Prompt Description Obligation Research

Compared with other contracts,the insurance contract has a high degree of professionalism,one party to the insurance contract is an insurer with professional knowledge and rich experience,and the insured who is the counterparty to the contract can only understand the content of the contract after being interpreted by the insurance professional,which makes the two parties to the contract form an information asymmetric relationship.Therefore,in order to reduce the impact of information asymmetry and prevent insurers from taking advantage of the advantages of their own pre-formulation of standard terms to aggravate the obligations of the other party and exclude their own obligations,China's legislators have stipulated that the insurer has the obligation to indicate the exemption clause,in order to achieve the effect of protecting the interests of the insured.However,the provisions of relevant laws and judicial interpretations on the insurer's obligation to indicate and explain are still relatively vague,and the theoretical circles are also divided into opinions on this,and there are also differentiated judgments on relevant cases in trial practice.Therefore,it is necessary to further improve the insurer's obligation to indicate and explain by promoting the popularization of the terms of the insurance contract,clarifying the exemption clause of the insurance contract,and broadening the way of proof for the performance of the obligation to indicate and explain.