Introspection On Insurance Accident In Liability Insurance And Theoretical Reconstruction

An insurance accident refers to the reason why the insurer bears the obligation to pay when the specific risk specified by the parties in the insurance contract is determined during the insurance period and the insured has the damage to fill the demand.It can be seen that the occurrence of an insurance accident will enable the insurer to begin fulfilling its contractual obligations.The determination of the point of occurrence of the insured event determines the scope of the insurer's responsibility,which is of great significance.However,the criteria for determining the insured event are different in the liability insurance.This paper adopts literature analysis method,comparative analysis method and law interpretation method.It starts from the modern development trend of liability insurance and two basic systems,and demonstrates the mainstream status of the claim insurance insurance accident identification standard and the auxiliary status of damage accident.In order to reconstruct the identification of the point of occurrence of the liability insurance accident.The first chapter analyzes the particularity of liability insurance accidents and the current legal position of China.On the one hand,the insurance subject of liability insurance is the liability of compensation.The “loss” of this insurance subject does not depend on the actual life and property of the insured.Loss,therefore,the theory of positive property loss of traditional property insurance cannot be applied to liability insurance,and the judgment of the time when the loss occurs is difficult;on the other hand,the liability insurance accident has an extension,and after the wrongful act occurs,the third party damage occurs.In the process of the final insured's performance of compensation,each link may be identified as the point of occurrence of the insured event.In the case of the insured and the insurer,in order to balance the interests of both parties,the choice of the point of occurrence of the insured event exists.Difficulty;Finally,based on the predicament of the time limit for the identification of liability insurance accidents,there are still some deficiencies in the relevant provisions of China's current insurance law,which oscillate between the determination of responsibility and the implementation of compensation,which brings inconvenience to the practical operation,the latest insurance law Explain that although the firm position is determined for responsibility,but combined Modern trends in any insurance,still can not escape the dilemma identified liability insurance the insured event.The second chapter starts with the four theoretical controversies,and combines the modern development trend of responsibility to establish the mainstream status of the request,and abandons the responsibility to determine and perform compensation.Damage is a basic function of the insurance system,which disperses the losses incurred by a single economic unit.However,liability insurance is not a pure damage to cover insurance,and its function should also include protection of rights.In the case of the insured,the purpose of the liability insurance is to transfer the claim to the insurer in the face of the infringement liability of the injured third party in the future,and to remove it from the liability non-interest.Therefore,the insurance insurer's insurance payment obligation cannot be limited to monetary payment,but should include the defense obligation to protect the insured's litigation interests and property interests.In the case of a third victim,liability insurance improves the insured.The solvency ability helps to solve the social problems caused by the infringement.The principle of separation and the principle of prepayment has not been able to adapt to the modern development trend of liability insurance,and the balance of interests of the tripartite relationship contained in liability insurance cannot be realized.Then,if the responsibility for moving the liability insurance insurance accident to the insured is determined or the compensation is fulfilled,it cannot adapt to the development trend of modern liability insurance and cannot show the modern function of liability insurance.Upon request,the insured person assumed the insurance liability for the first time that the injured third party filed a claim for damages with the insured for the insured event.The insurance accident is recognized at the time of the accreditation,and the insurer's involvement in the tort liability is reasonably explained,demonstrating the function of protecting the liability insurance right.The claim base system has solved the long tail responsibility,and it is not necessary to consider the point of occurrence of the dangerous accident.The insurance accident is clear,so it has strengthened the mainstream position of the request.The third chapter is to establish the auxiliary status of the damage accident from the perspective of the accident occurrence basic system,and supplement the liability insurance accident accident identification.Regarding the identification of two types of basic insurance accidents,the basic system of accidents is based on the results of damages during the insurance period.The insured person assumes the insurance liability and uses the damage accident as the insurance accident identification standard.Judging from the experience of the United States,the basic system will generate long-tail responsibility and bring financial crisis to the insurer.However,it conforms to the basic principles of the insurance system and is in line with the contracting purpose.The coverage is large and reasonable.Therefore,the relevant laws concerning the initiation of liability insurance accidents should not adopt mandatory norms.They should return to the principle of freedom of contract and provide guidance only.The connotation is stipulated by the specific policy.What kind of basic system is applicable must be determined in combination with the specific type of insurance accident.If the time difference between the occurrence of the accident and the result of the damage is small,the damage accident is also applied.On the contrary,the application is said to be applicable.