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On the insurance contract interpretation jurisprudence

Author: LiaoXiaoHong
Tutor: ChenChaoXian；HuYiFen
School: Southwestern University of Finance and Economics
Course: Finance
Keywords: Contract Interpretation Insurance contract Policyholders Principles of contract interpretation Fire Insurance Company Limitation of liability clause Jurisprudence Disclaimer The text of the contract Insurance practitioners
CLC: D912.28
Type: Master's thesis
Year: 2000
Downloads: 296
Quote: 4
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Abstract

While insurance was introduced into China time was less than two hundred years, but in China, has gained a great development, especially after the reform and opening up, the insurance industry is based on the amazing speed forward, regardless of the number and size of the insurance company, insurance the number of employees, the insurance coverage than the early days of growth far more than a few times, and the concerted efforts of various insurance companies, insurance of public awareness has been greatly improved, which would in turn of the long-term development of the insurance industry play a good role in promoting. However, while the increase in premium income, insurance, policyholders increased insurance contract disputes or litigation often seen in newspapers, serious impact on the insurance company's corporate image, but also to some extent, aggravated the concerns of the public insurance , affect the the policyholders insured enthusiasm and trust of insurance companies. If any of these phenomena develop a negative impact on the sustainable development of China's insurance industry will be, or even hinder the pace of the insurance industry. Insurance contract disputes mainly due to the following reasons: First, the quality of the business of insurance practitioners generally not high. Many insurance agents in order to pull the policy, the deliberate concealment of the text of the insurance contract the insurer Disclaimer misinterpreted some of the terms of the insurance contract, misleading policyholders caused insured favorable way to understand the insurance contract. Wait until the dangerous condition of the claim, only to find the original non-triggering disputes. Of course, some insurance agents insurance contracts known unknown, will be difficult to sign the bill when a clear explanation to the insured. Second, the insured more than the non-insurance professionals, the terms of the insurance contract, the term only own understanding and to give it meaning. Some policyholders of the insurance term there are quite a one-sided understanding that buying insurance is to have an accident claim on the insurer reasonable Disclaimer and limitation of liability provisions took no notice, once the danger, claims; once in not be paid to the insurer under the exemption clause or limitation clause, they resort to the courts. The majority of policyholders of the insurance company's claims process is also a lack of understanding, failed to report dangerous condition that we missed the claims period exclusions, and thus also lead to litigation disputes. Third, the judiciary (including lawyers, judges, etc.) study a lot of contract law, but lt; WP = gt; insurance law, in particular the lack of in-depth study of this part of the Insurance Contracts Act, resulting in deciding a case simply based on contract law some way to the insurance contract interpretation, appears to decide cases based on the subjective will. This will not only fail to solve the insurance contract dispute, it will deepen the misunderstanding of the policyholders of the insurance contract, the insurance awareness of the impact to the public. By this author genuinely felt that our expounded the necessity and urgency of the interpretation of insurance contracts from a legal point of view, so choose the topics discussed to help solve the problems in the interpretation of insurance contracts from the theory and practice to the insurer a useful inspiration. At the same time, also deeply China's insurance industry is only by constantly improve the level of quality of service, and continue to strengthen training for professionals and legal training, to further improve the quality of the agent's business and legal literacy in order to reduce the rate of the insurance contract disputes, win more more customers, but also to the fierce competition of foreign insurance companies to gain a firm foothold, so as to promote the healthy development of China's insurance industry. This paper is divided into six parts. The first part of the insurance contract interpretation Overview expounded the necessity and urgency of the insurance contract interpretation is given to explain the meaning of the insurance contract, from a legal point of view, that the insurance contract interpretation refers to a court or arbitration authority is clear the parties in the insurance contract The rights and obligations in accordance with the law on the meaning of the words used in the text of the insurance contract and the information made the interpretation of the legal effect. The second part of the legal principles of insurance contract interpretation \Insurance contract is given on the basis of the combination of Two Schools contract to explain the nature of perspective, the interpretation of the legal nature of the relationship and explain the legal interpretation of the insurance contract. The third part, \The key to the interpretation of insurance contracts is that what is the object of interpretation? Two Schools on the object of contract interpretation each of its advocates, but also no shortage of the same view; article introduces the next two propositions of jurisprudence on the object of insurance contract interpretation: the meaning of faction and expressed different views of the faction. Finally, the insurance contract interpretation the meaning of the object: the object of the insurance contract interpretation is a contract the external intention of the parties that insurance contract text. The fourth part of the \That part of the focus of this article, from the development of the principles of contract interpretation, leads to the principles of insurance contract interpretation. First expounded about lt; WP = gt; some of the basic principles of contract interpretation, such as the context to explain the principles of context to explain the principle of customary principles of interpretation, the purpose of interpretation of the principle of equitable principles of interpretation, good faith interpretation of the principle; on this basis on mutual corroboration between the various principles of interpretation, with elaborate. Because insurance contracts belong to the kind of contract, but it also has its own special principles of interpretation, which is mainly on some interpretation of the relevant the format contract and Disclaimer rules described. The fifth part of the \The part from several precedents of the Court to elaborate insurance contract interpretation principles in practice. Turning first to the Wolvercote and Reimer prosecution case Samoa insurance companies, Greenwich Justice quoted case of Doubt interests principle judgment in favor of the plaintiff policyholders Wolvercote Reimer; Second, Thompson sued fair fire insurance principles and customary explains Crandon Justice practical writing justice in the case of the company explained the ruling on the principle insured favor; The third case is Kennedy v. Smith and An Siwa insurance company's case, the judge explained in accordance with the principles of fairness and good faith to the insured when the insured to make a statement, pointed out that the drinking behavior after judgment insurer Peifu policyholders insured losses caused by the insured by the \Finally, a case Xinhua Farm v. Ping An Insurance Company case, the insured Xinhua farm wrong interpretation of the insurance contract, refused to contractual obligations, court Ping An Insurance Company wins. Part VI, \Article talked about starting with the status quo of China's insurance contract interpretation, pointed out in the legislation, the Secretary

On the insurance contract interpretation jurisprudence

Abstract

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