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The Theory Of Settlement Of Insuirance Claim’s Insufficient And Perfection

Posted on:2015-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2296330467979296Subject:Law
Abstract/Summary:PDF Full Text Request
Policy-holder buys insurance products and, with the purpose of the underwriter conclude insurance contract is to meet risk later make yourself can make up for damage, but the reality is often backfire, the underwriter in the process of insurance claims can always find all kinds of so-called "legal basis" subtract off part of the insurance claims, the policy-holder is the purpose of the contract is not fully realized, to some extent also destroyed the insurance trade order. The cause of such results without legislation is not perfect, of course, does not exclude the underwriter in pursuit of economic interests and abuse disclaimer, fulfil demonstrative obligation and not ignore the basic principles of honesty and credit. The basic characteristics of the insurance industry has a professional and technical, if challenged the above problem and simply request the applicant to supervise the insurer to fulfill, obviously it is not reasonable. So is necessary to put forward higher request to the insurer.The underwriter according to the insurance clause always subtract off part of the insured due to the insurance claims, especially in this kind of phenomenon involved in medical insurance claims. Usually, because there is no specific provision in the laws and regulations should be paid in full or in part to pay, insurance company is always based on a variety of so-called "insurance clause" subtract should belong to the beneficiary of the insurance claims. Most of the parties have accepted the insurance company’s no choice but to this behavior, they believe that only a small portion of losses, from recognize unlucky. Their default behavior, largely indulged the insurance companies continue to abuse of the right to insurance claims subtract. In reality, only a few people use legal weapon, bring a suit before a people’s court, safeguard the legitimate rights and interests of themselves, for their own insurance claims. Administrative measures and legislative means, also can effectively regulate the insurance market. In addition, can also strengthen the supervision of the social role, the insurance industry association self-discipline function, the consumer association and the news media’s supervision.
Keywords/Search Tags:Settlement of insurance claims, Insurance contract, Exceptionclause, Obligation to disclose, The principle of good faith
PDF Full Text Request
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