Research On Legal Issues Of Litigation Property Preservation Liability Insurance

Litigation property preservation liability insurance is a new type of insurance product that introduces insurance as a guarantee method in the civil litigation preservation procedure.Since its birth in 2012,it has been rooted in China for more than six years,providing convenience for many parties in need,and the court has a higher recognition of such products.However,there are few studies on such insurance products,and there are few studies on the legal perspective.It has caused the academic and practical circles to have insufficient understanding of such insurance products,and there are still many disputes about its concept,nature and responsibility.This paper sorts out the development of litigation property preservation liability insurance and the existing policies and guarantee clauses,and combines the problems encountered in the application of litigation property preservation liability insurance time,and puts forward suggestions for improvement in order to better play the litigation property preservation.The guarantee value of liability insurance promotes the progress and development of the insurance industry.This article is divided into four parts:The first part is an introduction to the background of litigation property preservation liability insurance and an analysis of necessity.Due to the inherent contradictions and conflicts of litigation property preservation and the defects of traditional guarantee methods,the value of litigation property preservation liability insurance is highlighted.The author has compiled its development since its inception and the relevant documents of the local courts.It can be seen that the unique value of this product has been recognized by more and more people.The second part is about the theoretical level of litigation property preservation liability insurance,which mainly includes conceptual analysis,legal orientation and scope analysis.The author has compiled the main disputes about the nature of litigation property preservation liability insurance,compared the similarities and differences between guarantee and insurance,liability insurance and guarantee insurance,and put forward his own views.He believes that litigation property preservation liability insurance should be regarded as a new type of responsibility.Insurance products are treated.Litigation property preservation liability insurance is mainly used in pre-appeal and litigation property preservation,but as the value of the insurance product is recognized by more and more people,its scope of application should be expanded.The third part is about the applicable dilemma of litigation property preservation liabilityinsurance.The author has compiled the insurance property insurance liability insurance clauses of several insurance companies in China,and analyzed their similarities and differences and proposed problems in practice.It mainly includes questions such as questioning its legal compliance,disagreement on the title of insurance,unreasonable requirements for insurance liability,disagreement during insurance period,disjointed policy and guarantee,lack of defense obligations of insurers,and large differences in exemption clauses.The fourth part is the perfect proposal for litigation property preservation liability insurance.This includes clarifying its legal nature,improving the identification of insurance liabilities,clarifying the insurance period,improving the guarantee ability of the guarantee,determining the insurer's defense obligations,and preventing malicious and false litigation.The liability for insurance shall be based on the error of the preservation act,and the responsibility shall be based on the liability requirements in the Tort Liability Law.At present,the insurance period of the insurance should also be clarified,starting from the date when the insured's application for property preservation is approved by the court,and the date on which the liability for the damages is guaranteed.For the policy and the letter of guarantee,it is necessary to conduct a double review,while emphasizing the independence of the letter of guarantee.The defense behavior should be determined as an obligation of the insurer rather than just a right,including the implementation of the defense and the defense costs.Finally,malicious litigation and false litigation are prevented by clarifying the guarantee liability,the internal application of the exemption clause,and the insurer's recovery right.