Research On The Insurer’s Obligation About Pointing Out And Interpreting Clauses In Internet Insurance

The Internet insurance as a newly emerging insurance model,with the aid of the Internet to achieve the industrial upgrading of the insurance industry,but in the booming,thanks to the Internet,at the same time it also faces many legal issues and a lot of legal risk.The Internet insurance is very innovative,in many ways,there is a huge difference with the traditional insurance,and the law in the face of new things always show a certain hysteresis.In the Internet insurance,the insurer’s obligation about pointing out and interpreting clauses also appears a lot of problems,which do not exist in traditional insurance,need to be perfect.Therefore,It is of important significance for perfecting the system and ensure the effective application of the system on the Internet insurance that putting the insurer’s obligation about pointing out and interpreting clauses in Internet insurance as the center to analyze deeply it’s problems.Firstly,this paper expounds the basic theory of the insurer’s obligation about pointing out and interpreting clauses in Internet,which lays the foundation for the analysis of the problems and suggestions in the latter of the article.Secondly,the article analyzes the special requirements of the insurer’s obligation about pointing out and interpreting clauses,and then lay the foundation for finding out the problems of the insurer’s obligation about pointing out and interpreting clauses system,and finding the corresponding solution path.Thirdly,the article analyzes the issues existing in the interpreting scope,the interpreting degree,the interpreting mode of the insurer’s obligation about pointing out and interpreting clauses,and try to find the cause of the problems.In the process of the analysis of the problems,mainly through the disputes arising in internet insurance practice to find out the malpractice of the insurer’s obligation about pointing out and interpreting clauses,and analyze the reasons behind it.Finally,on the basis of the previous paper,the fourth part of this article put forward some humble suggestions for the path of perfecting the obligation about pointing out and interpreting clauses system,with a view to make a small contribution to the legislative perfection of the internet insurance.The first part of the article is divided into four sections,the first section describes the definition of Internet insurance and its three characteristics of innovation,virtuality,and product diversity.The second section introduces the three main business models of the current Internet insurance,and analyzes the advantages and disadvantages of them.In the third section,the author analyzes the attributes of the insurer’s obligation about pointing out and interpreting clauses in Internet,which includes the attributes of the prior contract obligation,the attributes of active obligation norm and the attributes of weakened mandatory normative.In the fourth section,the author introduces the present situation of the legislation of the insurer’s obligation about pointing out and interpreting clauses in Internet.The second part of the article analyzes the special requirements of the Internet insurance to the insurer’s obligation about pointing out and interpreting clauses,and it is these special requirements expose the problems existing in the insurer’s obligation about pointing out and interpreting clauses system in Internet.This paper summarizes the special requirements of the Internet insurance to the insurer’s obligation about pointing out and interpreting clauses,which can be summarized into four aspects: The Internet insurance requires the insurer to fulfill the obligation must be based on the implementation of large date to realizing refinement.Requiring insurers to optimize the network insurance procedures.Requiring insurers to provide high quality customer service to improve customer satisfaction.Insurers must to integrate deeply the popularization of the policy and the obligation about pointing out and interpreting clauses,and realize the benign interaction between them.The third part of the article,by observing the disputes in the Internet insurance practice,thinks that the problems existing in the insurer’s obligation about pointing out and interpreting clauses system in Internet insurance are as follows: the scope of the explanation in not clear,the degree of explanation in not clear,and the way of explanation is serious.The scope of explanation not only continue the malpractice that the scope of explanation is not cleat in the traditional insurance,but also some of the factors make the scope of explanation more unclear,which does not exist in the traditional insurance and only exist in the Internet insurance.In the degree of explanation,the distinction between “explanation” and “clear explanation” is vague,and the formal judgment method is no longer suitable for the Internet insurance,the degree of explanation in the Internet insurance is uncertainty.On the explanation ways which of the most prominent problem,the defects in the design of the insurance procedure and the single way of explanation have the greatest impact on the correct of the insured,therefore,it is necessary to give the insured the opportunity to make up for the defects of decision-making.The effectiveness flaw of the “Policy-holder Statement” clause is more obvious in the Internet insurance,the practical basis of using such terms as evidence to prove the insurer has fulfilled the obligation has ceased to exist.The fourth part of the article puts forward four ways to perfect the insurer’s obligation about pointing out and interpreting clauses system in Internet.Recommends that introducing“Criteria for important matters”to solve the problem of unclear scope of explanation;Restructuring Separate mechanism of the obligation about pointing out and interpreting clauses to solve the problem of unclear degree of explanation;Sounding period of hesitation system to minimize the impact of the defects of the explanation ways;Establishing Insurance sales traceable system,banning the use of the “Policy-holder Statement” clause as evidence of the insurer has fulfilled the obligation about pointing out and interpreting clauses.