The Force Of Law Of The Special Clauses In Insurance Contract

Actually, more and more insurance contracts are showing a trend which the insurers willuse some non-exeception clauses to limit the rights of applicant policy holders and the insured,and enhance the burden of applicant policy holders and the insured. The insurers always use“these clauses”to avoid the obligation of disclose, lighten their burden, even they can avoid topay the insurance benefit. Based on these, how we define “these special clauses”? and how toaffirm their force of law? Should these special clauses be disclosed by the insurers? I writethis academic dissertation to analyze those questions above.This dissertation has four parts, and it totally has about20500words.The first part is about a real case which happened in court, from the real case we can findwhat the question is. The second part is to roughly introduce the basis of the analysis of thosespecial clauses, which is standard terms in insurance contracts. The third part is based on theanalysis of the special clauses from the real case, I advise that the insurers should take theobligation of disclose for these special clauses during the discussion of the insurance contract,to balance the relationship between the insurers and the applicant policy holders. The four partis back to the real case, and to analyze how to deal with the real case.There are lots of questions about insurance contracts, however, this dissertation just pickfew questions of it. I hope it will help.