| This thesis is starting with an Interpretation of the suicide clause in new revised insurance law article44,2009. Through the analysis of a series of tough issues in insurance practice, which are caused by simpleness of the article, it’s easy to understand why the writer shows deep concern about the suicide clause. For it’s not only out of the general concept on people orientation, but the collateral damage of suicide is too much to take, both in economic and emotional ways. Therefore we should provide more protection in building a holistic system, in accordance with public policy and the spirit of insurance law. We should know that such protection is neither an encouragement for insured to kill themselves without hesitation nor a loophole for frauds to conduct gimmick. On the contrary, the new system is a humanized procedure which can give more consideration on suicide problem.One of the specialty of this thesis is that it creatively propose a precautious approach to rebuilt the exemption period. Characterizing different degrees of suicidal tendency based on psychology standards, so as to provide a leverage for insurer and insured to negotiate exemption period when they sign a contract. Meanwhile, we can change the compulsory time period of exemption into a flexible and personalized clause that allows two parties to bargain with.Secondly, in light with an absence of compensatory coverage for limited capacity for civil conduct, the writer give a theoretical explanation in order to arouse people’s attention to make a distinction between adults crime and juvenile crime. It’s necessary to determine the nature of a certain crime they would have made against criminal law. rather than deprive all rights only by legal principle "no one can be benefit from the crime". Insurer only can do this on one circumstance that the juvenile would have involved a felony.Finally, the writer correct some common misunderstandings on the issue of the burden of prove and marginal concept, so as to breaking people’s stereotype thinking pattern, for a better understanding of the true meaning underling the article.All in all, the purpose in writing the thesis is to draw people’s attention to suicide rate given the fact that insurance industry has developed dramatically. Insurer should take the responsibility of fulfilling duties after insured commit suicide, to make the whole society better off. |
