| Pig breeding insurance is the livestock insurance in agricultural breeding insurance.At present,China’s agricultural insurance law has not been formally issued,only the "agricultural insurance Regulations" for principle guidance,so there is a lack of legal system in the field of pig breeding insurance.During the outbreak of ASF,farmers suffered heavy losses,the pig market experienced ups and downs,and the prevarication disputes between insurance institutions and insurance farmers were extremely prominent.According to the legal databases such as the judgment documents network,it is found that the number of pig breeding insurance disputes has been increasing year by year since 2018.The insurance disputes between insurance companies and farmers are mainly summarized as: whether the insurer has fulfilled the clear obligation of the disclaimer,the calculation of the claim amount of African swine fever,and the effectiveness of the agreement compensation clause formulated by government intervention.The judgment of the validity of the exemption clause in the pig breeding insurance contract is very important and is the basis for determining the compensation.Since the exemption clause is a standard clause,the focus of judging its effectiveness is whether the insurer fulfills the prompt obligation and clear explanation obligation,and the cultural level and understanding ability of the farmers are also important factors affecting the court’s judgment.Farmers expect pig breeding insurance to cover losses,but there are disputes over the number of claims and criteria.On the one hand,the government requires farmers to kill dead pigs,resulting in the investigation and verify the loss,and on the other hand,the insurance institutions do not want to pay the actual losses,and the farmers are eager to minimize their losses.It is practically meaningful for the government to intervene in formulating the indemnity agreement for the sake of market stability.But fundamentally speaking,this behavior violates the principles of integrity and fairness stipulated in the insurance law,and in the long run,it disrupts the insurance market and is not conducive to the long-term development of pig breeding insurance. |
