Judicial Determination Of Presentation Of The Exception Clause In Insurance Contract ——Take The Insurance Contract Dispute Case Between Jiang Mou,Xu Mou And Picc In Mian Yang As An Example

There are various kinds of motor vehicle insurance.China’s motor vehicle third-party liability insurance can be divided into traffic compulsory insurance and commercial third-party insurance.This paper mainly discusses the commercial third-party insurance.Under the influence of economic interests and non-standard management,non-standard behaviors occur from time to time in the process of signing insurance contracts,such as Signing insurance contracts on behalf of others.In this case,in case of an insurance accident,unless there is sufficient evidence to prove that the insurance company has indeed fulfilled the obligation of presentation and explanation,Courts usually judge that the insurance company fails to fulfill the obligation of presentation and explanation,and the exemption standard clause does not have legal effect.However,if the occurrence of the insured accident is due to the insured’s illegal act or criminal act,in this case,whether the insurance company still needs to perform the obligation of presentation and explanation.There are still deficiencies in the theoretical circle.From the perspective of current legislation,China’s Insurance Law on the scope of exemption clauses,the clarification of prompt and explanation obligations and standards of commercial third-party insurance contracts is very general,and there are no clear and detailed provisions on the specific dispute clauses.As a result,the courts’ judgment standards on the validity of exemption clauses in insurance contracts are inconsistent in practice,and there are many different judgments with the same case,which not only affects the credibility of the judiciary,but also is not conducive to the healthy development of the motor vehicle insurance industry.This paper makes an in-depth analysis and exploration of this litigation case based on whether the exemption clauses between the two parties have legal effect and whether the insurance company needs to fulfill the obligation of prompt,combined with the understanding of relevant laws and regulations and relevant judicial interpretations.Through the case sorting and theoretical analysis,it is considered that the exemption clause signed by both parties belongs to the standard clause,and the insurance company needs to fulfill the obligation of prompt and explanation.However,because Jiang’s unlicensed driving behavior belongs to the prohibitive provisions in laws and regulations,the insurance company has the right to exempt the obligation of prompt,so even if there is no prompt,the exemption clause is not invalid.Insurance companies can be exempted from liability.At the same time,based on the analysis of this case,this paper provides some suggestions on the classification and refinement of the obligation of prompt explanation of exemption clauses in China’s Insurance Law and its judicial interpretation in the future.