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On Insurance Exemption Clause

Author: ZhangYaFang
Tutor: ZouYuan
School: Guizhou University
Course: Civil and Commercial Law
Keywords: Insurance Law Exemption Clause Existence Basis Establishment Principle Duty to Disclosure Suicide Clause Obligation of Explanation
CLC: D922.284
Type: Master's thesis
Year: 2009
Downloads: 56
Quote: 0
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Abstract

In recent years, as the rapid development of insurance market in our country, as well as the citizens’law awareness strengthening, there has been more and more controversies on insurance contract, which has become a focus of attention of social concern. As the exemption clause in insurance contract has always been a frequently-disputed problem in the settling process in our country, the policyholders (the insured) often criticize the insurance exemption clause is a "despot" clause, in which the insurer evades his/her due responsibility and thus damage the legitimate rights and interests of the insured party. Undeniably, many problems exist in the practice of our country’s insurance business. And the most typical ones are about the equality of exemption clause, the scoping definition of exemption clause, and specifications on how to fulfill the obligations in the exemption clause, etc.This thesis includes four chapters:Chapter 1 is an introduction to the insurance exemption clause, mainly talking about the definition, classification of it and the distinction among some related concepts; Chapter 2 touches upon the existing basis and establishment principles of insurance exemption clause, demonstrating the existence rationality of it, and putting forward an idea that the exemption clause must be based on the principle of fairness, legality and transparency. Through the analysis and discussion in the two chapters, we would have a whole impression about the insurance exemption clause. Based on the statutory insurance exemption clause and the agreed insurance exemption clause, the next two chapters make an in-depth discussion on the possible legal issues under the two circumstances, and put forward some suggestions for further improvement.

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