The Judicial Application Research Of The Insurer Explanation Obligation In The Perspective Of Cases

Although the amendment of Insurance Law in2009completed the insurerexplaining liability regime and modified the range and methods of insurer explaining，the the effect on relevant cases in practice is not so satisfying.According to differentsituations of cases, this article would combine the obstacles occur to judge andanalysis the trouble insurer explaining liability would have in practicing law to definethe problem of insurer explaining liability regime existing in actual cases. Author willalso give suggestion based on actual case studying, aiming to normalizing executionof insurer explaining liability, reducing possible of disputes from the source,promoting the development and perfection of insurance regime, assuring the justiceand healthy of insurance industry.This article consists with introduction and main body. Main body has four parts asfollow: the first part studies on the current situation of insurer explaining liabilityregime in China.Distribution area of judicial cases will be presented by forms, reasonsof disputes will be summarized in analyzing the typical cases. The second part willsum up the reason of frequent occurrence of these disputes according to typicalcases.The third part make legal analysis on these cases to certify subject,scope ofescape clause,difference between formal specification and essence specification andthe distribution of burden of testifying obligation in insurer explaining liabilityregime.The forth part combines foreign insurer explaining liability regime and legalanalysis mentioned above to suggest on performance methods, explanation scope, andlegal result to break the liability of insurer explaining liability regime.