Analysis On The Exemption Clause In Insurance Contract

Recently, with the rapid development of economic, the insurance industry is booming rise. In order to prompt the insurance transaction to be easier and quicker, as well as higher economic efficiency and lower transaction costs, more and more standard clauses, especially exemption clauses, are used in insurance contracts. However, due to the unequal status of the parties of the insurance contract, the defects in the law, the limitations of the standard clauses and other reasons, there are many disputes between underwriter and policy-holder about exemption clauses in insurance practice.As the important part of an insurance contract, exemption clauses have a real stake on underwriter and policy-holder. When exemption clauses are properly used, they will help to balance the interests of the parties of the insurance contract, and prompt the healthy development of the insurance industry. Otherwise, not only will do harm to the interests of underwriter and policy-holder, but also hinder the healthy development of the insurance industry. Therefore, it is necessary to discuss and analyze the exemption clauses in insurance contracts.This thesis is divided into five parts to analyze the exemption clauses, which is in insurance contracts. The main contents of this thesis are as follows:The first part, introduction of the exemption clauses in insurance contract. This part mainly introduces the concept of the exemption clauses in insurance contract and other concepts related to them, classification and concrete forms of the exemption clauses in insurance contract.The second part, the underwriter’s explaining liability about the exemption. According to the relevant provisions of the Insurance Law, the underwriter’s explanation is the premise condition of the exemption clauses’coming into force. This part mainly introduces the explaining liability of the underwriter both in domestic law and foreign law. The explaining liability in domestic law mainly refers to concept, subject, content, the way to fulfill and the legal consequences of violations. The third part, the necessity of legal regulation to exemption clauses in insurance contract. This part analyzes the reason why should we regulate the exemption clauses by law from four aspects, including the limitations of the standard clauses, the legal definition about the extent of the exemption clauses is not clear, the legal defects on both the explaining liability of the underwriter and the time when the insurance contract come into force.The forth part, the requirements of setting into an insurance contract and the elements affecting the efficacies of exemption clauses. This part analyzes the reason why the exemption clauses should set into an insurance contract, and according to the analysis on the necessity elements of setting into an insurance contract about exemption clauses, I put forward my own views. Meanwhile, this part also analyzes the elements which affect the efficacies of exemption clauses.The last part, several suggestions to perfect the legal regulation about exemption clauses. This part shows several suggestions to perfect the defects about the exemption clauses which are involved before, to make the insurance industry develop more healthy and stable.