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Research on Insurers’ Right To Participate in Reconciliation

Author: ChuQing
Tutor: HanChangYin
School: Shanghai Jiaotong University
Course: Civil and Commercial Law
Keywords: Liability Insurance Of reconciliation participation rights Settlement obligations The restriction of the right to participate in Improper participation
CLC: D922.284
Type: Master's thesis
Year: 2010
Downloads: 92
Quote: 0
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Abstract

Liability insurance in the insurer's settlement the right to participate in mainland China Insurance Act does not provide for , but there are a lot insurer involved in the terms of the settlement right in the insurance contract . These terms are mostly from the point of view of protection interests of the insured for the insured person is unfair . This paper argues that legislation on mainland China should learn from Taiwan system , given the insurer's settlement provisions of the right to participate in the Insurance Act , and to involve improper agreement of the insured person the right to participate in the many text corresponding to modify the insurance contract . This introductory section outside the four chapters . Chapter One: the nature of the insurance settlement right to participate in judgment. Throughout the countries of the region the legislation , more people involved in the system for liability insurance provisions focused on the protection of the interests of the insured \Two Legislative cases . This paper argues that mainland China should learn from Taiwan Insurance Act and practical experience , the legislation adopt the \Chapter II : cross - strait insurance settlement to participate in the rights related to the terms of the comparison and learn from the Taiwan region . In contrast to cross - strait insurance contract , the insurer reconciliation right to participate in the convention, and on the basis of reviewing the Terms of Taiwan , Taiwan part of the terms of insurance worth learning . Chapter III : insurance settlement right to participate in the exercise methods and procedures . The insured person again notify the insurer 's obligation to the third party claim , in order to participate in the settlement process for insurers . The insurer has to participate in the settlement , should be bound by the settlement agreement ; did not participate in the settlement of the legal consequences shall be considered whether the insured to fulfill the obligation to notify . The improper insurers participate in the settlement , should bear the corresponding legal responsibility . Chapter 4: China 's mainland insurers reconciliation to participate in the right set of recommendations . Insurance Act should be revised to increase the insurance settlement right to participate in its restrictions . The text of the insurance contract in the to increase above terms in accordance with the Insurance Act , should also be updating the insured amounts notification obligation to bear the cost of interest between the parties to balance .

Research on Insurers’ Right To Participate in Reconciliation

Abstract

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