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Research On The Right Of Participation In Responsible Insurers

Posted on:2016-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:L B YuFull Text:PDF
GTID:2206330470962850Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Liability insurer participation from the Angle of the legal consequences of the underwriter did not exercise participation definition, namely the underwriter should the insured made by admitted, compensation for the victim is the responsibility (including litigation, conciliation or mediation and other way to resolve disputes), without its participants, uninhibited. But the policy-holder or insurant inform an underwriter to participate in and without good reason refuses to, or an excuse delay and promises or the insured to the third party payment of the cost of necessary first aid.Because of liability insurance networks involved in a tripartite interests can not be separated, to balance the interests of the three parties, the liability insurer should participate in his own name infringement proceedings. The party requesting three insurance underwriting commercial insurance company as a co-defendant, the court should be permitted. Victim not to prosecute or additional insurance man’s co-defendant, liability insurance contract, the insurer has the right to participate in the proceedings, the insurer is entitled to apply to the court to participate in road accidents action for damages, the court shall permit, tied insurance man without independent the right to a third person involved in the proceedings.To assist the liability insurer to exercise participation, liability insurance after insurance accident happens, policy-holder or insurant should inform obligation minus three times; Provide relevant information and intelligence obligations; To prevent or reduce the loss obligation, policy-holder or insurant is in violation of the obligation shall bear the corresponding legal responsibility.
Keywords/Search Tags:Liability insurer the right to participate, Commercial motor vehicle liability insurance, Right to participate in the settlement or mediation, Right to participate in the proceedings
PDF Full Text Request
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