On The Contra Proferentem Rule In Insurance Contract

The contra proferentem rule, which is one of the most characteristic rule in the insurance contract interpretation,can prevent the clauses of the format from deviating from the essences of the contract and gets up the protective function to the insurer's counterparty benefit which is in a weak trend side. Insurance contract is a typical contract of adhesion, as follows: The basic terms of the contract are mainly drafted by the insurer or the principal organs in advance, during the insurance activities the insured mainly give up the right to participate in drafting the terms of insurance contract,they are in the passive position of accepting or denying the terms. This causes the following problems, the insured and the insurance people are "unequal" in equal legal status .Based on the strongly technical and professional language, the understanding to the insurance contract language of insured is limited ,this easily leads to differences about both the content and the true meaning of of insurance contract .The premise of resolving these disputes is to interpreting the insurance contract for clarifying its meaning. As a special principles of interpretation, the contra proferentem rule plays a role in resolving the problems occurring in contract of adhesion ,meanwhile because the contra proferentem rule itself has subjective factors and this principle of interpretation in "Insurance Law" is too principle , there is no specific criteria, resulting that this principle is often extended in judicial practice, which damages the interests of the insured ,and violates the balance of interests established by the contra proferentem rule. The contra proferentem rule is not a principle which can be applied in any cases , on the contrary it has strict conditions of application.In dealing cases the contra proferentem rule should be the final trump card held by the judge, therefore, the research to the purpose and the legal application of the contra proferentem rule seems necessary and important.In view of this, the paper started from the thirtieth article of the insurance law, and it did deep research on the application of the contra proferentem rule.The view In the paper was that this principle was necessary to make specific legislative interpretation and judicial application for balancing the interests between the insurer and the insurance people and promoting the development of China's insurance industry, and doing more good to protect the legal interests of the insured and the policyholder, and to betterly promoting the development of harmonious society. This paper was divided into four parts: The first part elaborated the contra proferentem rule in the meaning, the national development status and legal basis. The second part described the main principles of insurance contract interpretation, and compares the contra proferentem rule with the other principles of insurance contract. Ultimately, it decided the application of the contra proferentem rule. The third part, which was based on the comparing the different regulations of the old and the new insurance law, addressed the applicable situations, scope and applicable restrictions. The fourth part analyzed the defects of the contra proferentem rule in insurance legislation and judicial practice, and put forward my point of view for perfecting the contra proferentem rule.