Research On The Distribution Of Burden Of Proof Of Unexpectedness In Sudden Death Insurance Disputes

The choice of accident insurance has gradually become the first choice of consumers when buying commercial insurance.Various accidents are intermingled and mixed,and some accidents are complicated,especially the sudden death accident insurance disputes often have great controversies in judicial practice.This paper starts from the case,summarizes the problems through the case,corresponding to the current situation of the problems in legislation,combined with the research of domestic and foreign scholars,starting from the constituent elements of the accident,and puts forward my own opinions on the distribution of the proof of sudden death accident insurance disputes.This paper consists of five parts:The first part is based on the two groups of typical sudden death accident insurance dispute cases to sort out the focus of the dispute,leading to the problems,mainly the range of sudden death and accident injury is unclear and the parties prove that the distribution is not reasonable.The second part,in the legislative status quo part and judicial practice part of a further study.In the part of legislation status quo,the author sorted out the important laws on the distribution of proof related to accident insurance,and found that China’s laws have no provisions on the constituent elements of accidental injury and the meaning of sudden death,as well as no special provisions on the distribution of proof,in accordance with the general rules of proof production.Part in the judicial practice,and through the hundred pieces of case summary for data analysis in recent years,summed up the kind of sudden death accident injury insurance dispute the main problems existing in practice,affect the parties cannot reason is a disclaimer,prompt attention obligation of proof and unable to autopsy for unknown reasons,proved by the analysis will be assigned no special rules,laws and regulations imperfect prone to moral hazard problems lead to the two parties.The third part,after put forward problem,should first discuss the current academia components on the meaning of sudden death,accidents and the sudden and unexpected association’s point of view,and proposed own view,found dead kind of accident injury insurance disputes belongs to complex accident,think that death should be a form of death,the sudden death of pathological cannot be completely ruled out complex accident,the composition of contingencies should be four elements,certificate distribution to the class sudden death accident injury insurance situation is always stay on the components of the contingencies,to apply the general rules of evidence.In the fourth part,how to reasonably allocate the constituent elements of accident and the factors affecting the distribution of proof of sudden death insurance disputes--particularity,cause,principle of proximate cause,principle of proportional apportionment and exemption clause are discussed.The fifth part,the author suggested finally,accident situation can be divided into general and complex,put forward different ways of proof,in complex situation,the type of accident injury insurance disputes,sudden death,according to the case applicable proximate cause principle and proportion principle,the main proof allocation will be reasonable distribution of the components of the accidental sex allocation to the parties.