Liability Insurers Participate In The Study Of Claims

On September 1,2018,the Supreme People ’s Court’ s interpretation on the application of the Insurance Law of the People’s Republic of China came into effect,and Article 19 of the Judicial Interpretation No.44 involved the liability insurer in the settlement.In fact,before the judicial interpretation,in practice the insurance contract has also generally to the liability insurer to participate in the agreement between the claim between the insured and the third person,in contrast,the insurance contract not only to the liability insurer to participate in the settlement,but also to the liability insurer to participate in the defense of the agreement.However,both the legislation and practice ignore the protection of the interests of the insured,and should construct a complete legal system of liability insurer to realize the fair protection of both parties.This article is divided into four chapters:First chapter is the overview of the claim,introduces the legal relationship and the situation of liability insurer in the insurance law.Through our practice and relevant legislation summarize the legal nature of the liability insurer in dispute,liability insurer to participate in the claim,lack of legal regulation in the claim.The following three chapters revolve around the participation of the liability insurer in the insurance law.Second chapter is the determination of the legal nature of the liability insurer in the claim,In analyzing the legislative model of a liability insurer’s right to participate and the obligation to defend,After combining the corresponding insurance contract terms and the current legislation,Specifically,the participation of the liability insurer is divided into the legal nature of the liability insurer participating in the settlement behavior and the legal nature of participating in the defense act.Third chapter is the right and obligation of the liability insurer to participate in the claim,mainly the obligation of the liability insurer to participate in the settlement and the good faith settlement,the right attribute to participate in the defense,and the obligation to defend for the insured.Fourth chapter is the good-faith settlement obligation of the liability insurer.It suggests the legal conditions of the participation of the liability insurer,the participation of the liability insurer,and the legal consequences of the liability for breach of contract.