A Study On The Insured's Duty To Rescue

After the occurrence of an insurance accident,the insured usually keeps the closest contact with the damaged subject matter of insurance.If the insured can actively perform the duty of rescue at this time,it can prevent the expansion of the loss of the subject matter of insurance to the maximum extent.It can be seen that the duty of the insured to rescue plays an important role in the insurance accident.However,there are many problems in Article 57 of the insurance law.By analyzing the property insurance dispute between PICC Property Pingshan Branch Company and Jinqiao company,this paper points out many problems existing in Article 57 of the insurance law.Combined with foreign advanced legislative experience and China's reality,this paper puts forward four legislative suggestions on the insured's duty of rescue: in terms of the way to fulfill the rescue obligation,the mixed mode is adopted to ensure the professionalism and timeliness of rescue;in terms of the scope of application of the duty of rescue,expand the scope of application of the duty of rescue,and apply the duty of rescue in some personal insurance;in terms of the amount of compensation for rescue expenses,cancel the limit of the amount of compensation for rescue expenses,and the rescue expenses shall be fully compensated by the insurer;in terms of the legal consequences of violating the duty of rescue,legislation should make clear the legal consequences of the insured's violating the duty of rescue,so as to make the duty of rescue play its expected role.