Study On The Obligation Presentation And Explanation Of The Insurer’s Exemption Clause In Internet Insurance

Internet insurance has been prevalent in recent years,compared with the traditional offline insurance,Internet insurance with its advantages from time,place and so on.In the public scope,It is also a brand new upgrade for the insurance industry.Internet insurance as a new thing,just starting,is in its infancy.Its form of insurance and implementation are relatively immature.It is inevitable that in its development on the road of various problems,which also contains some legal issues.In the traditional offline insurance,the policyholder and the insurer can talk face-to-face,the insurer can clearly inform the policyholder about the specific content of the exemption clause,can clearly and accurately to the policyholder tips and instructions.However,in Internet insurance,affected by time and space,Internet insurers are unable to inform the policyholder of the specific content of the exemption clause in the first time,and cannot fully fulfill the obligation of prompt explanation of the exemption clause,which will cause the limitation of the applicant’ s knowledge of the exemption clause.In addition,there is no uniform standard for the judicial organs to determine whether the Internet insurer has fulfilled the obligation of the disclaimer clause prompt explanation,and different judgments often occur in the same case.Therefore,in view of the above-mentioned problems,the author starts from the suggestion and explanation obligation of the insurer’ s exemption clause in Internet insurance,analyzes the existing problems,and puts forward appropriate suggestions to ensure the effective application of this obligation in Internet insurance,which will be of great significance to the vigorous development of Internet insurance in the future.The first part of this paper is the introduction part,mainly from the current situation of China’ s Internet insurance legal issues,writing the purpose and research methods of this paper.The second part starts with two cases of the same case with different judgments,and compares the dispute focus and the judgment result of the two cases,so as to put forward the doubts in the trial practice and the problems to be studied in this paper.The third part expounds the theoretical knowledge of the insurer’s obligation of presentation and explanation,starting from the basic concept of Internet insurance,the definition of exemption clause and the discussion of the obligation of presentation and explanation,which serves as the theoretical support of this paper.The fourth part combs and summarizes the risks and loopholes existing in the obligation of the insurer to perform the exemption clause in the Internet insurance.This paper focuses on the analysis of the scope,performance standards and methods of the Internet insurer’s reminder and explanation obligations.The fifth part introduces the legislative status and relevant provisions of several extraterritorial countries the region and Taiwan,and compares the legislative situation of the extraterritorial countries the region and Taiwan.This paper analyzes the advantages of the legislation and provides some references for the insurer in China’ s Internet insurance.In the sixth part,based on the analysis and argumentation of the above part,the author puts forward some suggestions on the scope of explanation and the way to fulfill the obligation in combination with the actual situation,so as to promote the future development of Internet insurance.The seventh part is the conclusion.