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Not Transfer The Transfer Of Vehicle Insurance Claims

Posted on:2012-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:L LiangFull Text:PDF
GTID:2216330338459809Subject:Law
Abstract/Summary:PDF Full Text Request
Amended the Insurance Act has been implemented for over a year, when it provides for the transfer of the subject-matter insured, insured persons and informed the insurer of the insured, the insurance contract can be changed. It is free to increase the flexibility, insured, the assured of modification of the contract of insurance in this way. And the insurer's rights are limited to when the insurance is the subject of transfers resulting in increased insurance risk, can increase premiums or termination of insurance contract. However, in reality, we found that some cases, for example, in the property insurance period such as vehicles, such as housing, the parties have completed the delivery of transfer of risks. This time this kind of property in has not informed in front of the insurance change item, if has had the non-artificial damage accident, whether the insurer should pay damages, still has the dispute in the solid theorists and the practical realm. The insurer has not often registered and transferred with the property, insurance interests are belonged to not clear; have not told insurers to cause the insurance property and increase and run after fame to refuse to compensate dangerously in time. Insured and the assured think the non- artificial accident happens during insuring in the insurance subject matter, pay consequence make insurance property under the dangerous situation that increases, the insurance company should bear compensation responsibility. New insurance law only provides for transfer of the subject-matter, notify the insurer knows, but the delivery and transfer inside a different meaning in civil law: deliver just the change of possession; transfer represents the transfer of ownership. But the time of delivery, together with risk transfer has occurred. If the insurer ignores this kind of risk shift the existence, but only acknowledged knows the property rights transfer only then effective speech after it, then insured the sign the grantee to be in one kind to undertake the risk, has not compensated the safeguard actually the region, like this was reveals loses fairly. The modification, risk of the transfer that the insurance marks and contract of insurance shift and have both connection and differences with these concepts such as insurance interests and verifying insurance benefits to our laws as the existence of the insurance claims and benefits in the case of transfer of the insured and delivered by the changes in the transfer of risks does it mean that the insurance benefits and the transfer of the insurance benefits can only be determined by the insurer whether unilateral finds; new insurance law and its judicial interpretation was not clear, simple in General only in the legal provisions, the reality of the users of ambiguity, the insurance claims disputes. Only put the relation between them in order, establish fair insurance interests to belong to as the correct insurance claims settlement standard, can ensure the rights and interests of insured or the assured, the management and administration of the person who standardizes insurance, bring about an advance in economy and the society is harmonious and steady.
Keywords/Search Tags:Ownership, Modification of Contract, Risk Deflection, Insurable Interests
PDF Full Text Request
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