A Case Study Of Insurance Exemption Clause Dispute

Risk is everywhere,so as a risk management mechanism of insurance came into being.Insurance is known as the "stabilizer" of society and the "booster" of economy.It plays a positive role in ensuring the stable operation and development of society and economy,and the people live and work in peace and happiness.Through empirica l research method and literature analysis method,this thesis analyzes the disputes of insurance exemption clauses,finds out the problems,and puts forward solutions.The purpose of this thesis is to explore the legislative and judicial regulatory approaches through in-depth analysis of the main legal dispute points in the insurance exemption clause disputes,in order to promote the further improvement of China’s insurance law.The thesis is divided into three parts,which are arranged in the order of introduct io n,text and conclusion.In the introduction part,the background and significance of the topic selection,research status at home and abroad,research ideas and methods are elaborated.The second chapter analyzes the case of "Dispute of Life Insurance Contract between Jilin Branch of China Life Insurance Co.,Ltd and Li Mou" from two aspects of brie f introduction of the case and evaluation of the case,and focuses on the differences in the understanding of judges and parties at different levels of the case in the process of first and second instance and retrial.Chapter three to chapter five,respectively,from three dimensions of the validity of the insurance exemption clause,the insurer’s suffic ie nt prompt and explicit obligation to the insurance exemption clause,and the principle of no compensation for intentional crime,the relevant issues involved in the case are elaborated in depth.Among them,the third chapter mainly expounds the legal basis,general effective requirements and special effective requirements of the insurance exemption clause.The fourth chapter focuses on the dispute focus of the case,and discusses the insurer’s obligation of sufficient prompt and clear explanation to the insurance exemption clause,including the form of fulfillment,the consequence of failure to fulfill,the burden of proof and so on.The fifth chapter focuses on the legal application of the legal exemption clauses such as no compensation clause for intentional crime from the perspective of the judgment basis of the case retrial.The sixth chapter puts forward some relevant regulation suggestions based on the prominent problems in the disputes of insurance exemption clauses,including the legislative regulation such as defining the scope,subject and standard of the performance of sufficient prompt and clear explanatio n obligation,the establishment of the hesitating period system and the judicial regulat io n such as the restriction of discretion.The main research results and conclusions of this thesis are as follows: 1.To reveal the deficiencies in the legal provisions and judicial regulations of insurance exo neration clauses through practical cases:(1)The scope of insurance exoneration clauses is not clearly defined;(2)The standards for the performance of adequate presentation and explicit explanation obligations are vague;(3)The judicial scale is inconsistent.2.Suggestions on improving the insurance exemption clauses are put forward:(1)Defining the scope,subject and standard of performance of adequate presentation and clear description of obligations;(2)Limiting the scope of application of no-compensatio n clause for intentional crime;(3)Integrate the hesitating period system into China’s insurance law;(4)restrict the discretion of judges;(5)Give play to the role of case guidance system and case retrieval system.