Study On The Insurer’s Liability In Multi Cause And One Result Liability Insurance Accident

The insurer’s responsibility in the multi-cause one-effect liability insurance accident has always been one of the focal issues in theory and practice.Theoretically,two opposite views are formed on the scope of the insurer’s responsibility:the limit of the insured’s internal liability and the limit of the insured’s external liability.To clarify this issue,it is’necessary to fully consider the majority tort liability system and clarify how to divide the responsibilities of the perpetrators in the majority infringement.In China’s legislation,the responsibility of majority infringement is determined based on the type of infringement.However,in theory and practice,the division of the majority infringement type system has not yet had a unified standard.Therefore,on the basis of analyzing the impact of the type of majority infringement on liability,the system of majority infringement liability should be clarified.Regarding legislative regulations,before the "Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Insurance Law of the People’s Republic of China(4)"(hereinafter referred to as "Judicial Interpretation of the Insurance Law(4)"),the insurer’s internal responsibility The basis for undertaking insurance liability with a limited share is Article 23,paragraph 1,of the Model Clause of the Comprehensive Insurance for Motor Vehicles of the Insurance Industry Association:"The insurer bears the corresponding Liability for compensation."The legal basis for the insurer to assume insurance liability to the extent of the insured’s external liability lies in the provision of joint liability for the insurer in compulsory liability insurance.There are different explanations for the provisions of the insurer’s liability,or the scope of application is limited,and the legal basis for theoretical support is insufficient.The "Judicial Interpretation of Insurance Law(4)" only stipulates that the insurer shall bear joint and several liability to the third party for the insured who is one of the joint infringers.There is no provision for the type of infringement by other majority who also apply joint and several liability.In the insurance contract,the scope of the insurer’s liability is also not specified.In view of the current controversial views on the scope of the insurer’s liability,this article considers the three aspects of liability insurance,contract and legislation,and believes that in the case of multi-cause one-response liability insurance,the insurer should use the insured’s external liability to the victim as Limited to bear the obligation to pay insurance premiums,and can not be excluded in the liability insurance contract to exclude the application of joint liability of the insurer.After assuming joint and several liability,the insurer may recover from other perpetrators with joint and several liability.