Research On The Insurer's Liability In Liability Insurance Damages Dispute

Litigation property preservation liability insurance is a relatively new insurance products,which provide security for the preservation of litigation.During the period of insurance,the insured apply to the court litigation property preservation,if litigation property preservation mistake led to the respondent insurant suffers losses,it shall be borne by the insured.Based on court’s judgment,insurer need to pay compensation to the respondent in accordance with the insurance contract.As a widely used new type of insurance in recent years,its emergence largely solves the problem of high cost of litigation property preservation guarantee and low credibility.To a certain extent,the emergence of litigation property preservation liability insurance reflects the role of resolving conflicts and disputes in civil actions.However,the trial operation of litigation property preservation liability insurance has been nearly 9 years.In recent years,it has been widely used and recognized by various courts,at the meantime,the number of its related disputes shows an obvious increasing trend,problems of litigation property insurance in judicial practice begin to appear.There are two main disagreements in the judicial practice,one is how to identify property preservation error,however,such disputes have existed since the establishment of the litigation property preservation system.At present,no matter in theory or practice,consensus has been reached on the identification of the preservation error.The other one is judgment dispute on insurer liability,the phenomenon of different sentences for the same case is frequent,so in my point,this is the core dispute in the application of the insurance.Obviously,practical value of litigation property preservation liability insurance is greater than theoretical value,so it is not meaningful to discuss its attributes and definitions.Only solving the problems in practice can play its full role.Litigation property preservation liability insurance has dual attributes of procedural law and substantive law,which lead to different judgments of related cases.The main question of this paper is how to solve the judgment of the insurer liability in the dispute of liability insurance damages cases.Writer conducted a survey of actual cases in a year,and found the core problem of the insurer liability judgment,analyzed one by one,classified the judgment of the insurer’s liability.The first chapter of this paper is divided into two sections,section 1 is case study analysis,since 2017,the dispute cases of litigation property preservation liability insurance damages have shown a rapid growth trend,therefore,author analyzes the wrong cases of liability insurance preservation in recent year and reveals the main dilemma of insurer liability judgment in current practice.The second chapter is the core of this article,which is divided into four parts,first,we need to differentiate the relationships between four parts of litigation property preservation responsibility insurance,to prepare for further analysis about what kind of liability the insurers should take.Secondly,in order to find the applicable law in the judgment of insurer liability,the influence of different law application on insurer liability need to be analyzed.Because litigation property preservation liability insurance has both the dual attributes of procedure law and insurance law,this part of the article will discuss the conflict between procedural law and substantive law,and to propose a solution.Finally,to discuss the impact of different litigation status on liability,which raised in the first chapter.How to make the insurer participate in the litigation in a proper capacity and eliminate the difference of the insurer’s liability judgment caused by the litigation status.In this paper,the last chapter is about how to unified liability judgment of the underwriter.The core of resolving the judgment dilemma is to make litigation property preservation liability insurance realize its value.In the context of ensuring the significance of the introduction of liability insurance,we need to unified application of law in cases,confirmation of responsibility of insurers,and their status of participation in litigation.In this way,the liability insurance may give full play to its value,and solve the issues in judgments as well.