Properly resolve insurance disputes and improve the insurance judicial system

2018-08-02 10:03:17 | Source: People’s Court News | Author: Gao Yan bamboo

2018 Nian 8 1st, the Supreme People’s Court announced the “Supreme People’s Court on The interpretation of the “Insurance Law of the People’s Republic of China” (four) (hereinafter referred to as “interpretation”), and will be implemented on September 1, 2018. “Interpretation” focuses on solving the problem of legal application of the property insurance contract, and stipulates the transfer of the subject matter of insurance, the rights and obligations of the parties to the insurance contract, the right of insurance subrogation and liability insurance, further unifies the standards of the referee, and correctly hears the people’s courts at all levels. In the case of insurance contract disputes, it is of great significance to safeguard the legitimate rights and interests of the parties.

The Interpretation adheres to the people-centered and effective protection of the legitimate rights and interests of insurance consumers. As the basic means of risk protection and management, the insurance system, together with the social security system and the tort liability system, builds a modern social damage compensation system. Among them, property insurance provides protection for the safety of individuals and households, the continuous operation of enterprises and the expansion of reproduction, and is closely related to the interests of the people. The “Explanation” responds directly to consumers’ strong “difficult claims” and effectively solves the problems that the people care about. The first is to clarify the rights exercise subject of the transfer of the subject matter of insurance, the transferee who stipulates the risk of damage or loss of the subject matter, and the right to claim the insurance premium; the second is to clarify the insurance liability of the insurance subject of the transfer period, and stipulate the insured, After the transferee promptly issues the transfer notice in accordance with the law, the insurer shall bear the insurance liability before the respondent makes a reply, and the insurer shall bear the insurance liability; the third is to clarify the commitment to save the deductible expenses, and provide for the reasonable rescue of the insurer by the insured. The defense does not support the fact that the measures have no actual effect; the fourth is to clarify the liability for joint liability, and stipulate that the insurer shall not refuse to pay the insurance premium on the grounds that the joint liability exceeds the liability share of the insured; The insurer’s liability for compensation has been confirmed by the judgment, and the insurer may not use the right to claim the third party’s insurance claim on the ground that the effective judgment has entered the enforcement procedure; the sixth is to clarify the insured’s liability for the third party. On the date of determination, the time limit for the action of the insured’s insurance claim for commercial liability insurance is calculated.

“Interpretation” adheres to the overall situation and helps the structural reform of the insurance industry. At this stage, China’s economy has shifted from a high-speed growth stage to a high-quality development stage, and is in the process of transforming the development mode, optimizing the economic structure, and transforming the growth momentum. Deepening the structural reform of the supply side is the main line of China’s economic development. On the one hand, the Interpretation guides the insurance industry to expand its effective supply. With the rising risks of economic and social operations, liability insurance plays an increasingly important role in participating in social management, serving the real economy, and resolving conflicts and disputes with its unique advantages. The Interpretation provides provisions on the conditions for the exercise of the right to claim insurance insurance, joint liability compensation, the statute of limitations, the insurer’s right to participate in the settlement of insurance, and the payment of insurance premiums. It lays a solid legal foundation for the vigorous development of liability insurance and continuously satisfies the people. The growing insurance needs of the masses. On the other hand, promote the insurance industry to improve the quality of supply. “Explanation” provides provisions for insurance underwriting, claims and other aspects, clarifies trading rules, reduces transaction costs, promotes the quality of insurance supply, and gives full play to the functional role of the insurance system in solving financial risks and serving the development of the real economy.

“Interpretation” adheres to balanced protection and effectively promotes the sustainable and healthy development of the insurance industry. How to deal with the relationship between the protection of consumer rights and the prosperity and development of the insurance industry, deal with the relationship between the protection of specific insured persons and the protection of similar dangerous communities, and handle the insured, the insured and the insurer, and the third party. The relationship between the interests of the contract and the contractual justice is the difficulty and the most entangled part of the insurance trial. The Interpretation rationally allocates the rights and obligations and appropriately balances the interests of all parties. Among them, the ninth article embodies this concept. This article stipulates that if the insured’s prior waiver is effective, the insurer may no longer exercise subrogation claims to the third party, reflecting the basic principle that the insurance subrogation claim cannot be greater than the insured’s rights. Considering the fact that the insured has waived the right to compensation in advance, there is still an objective need to spread the risk through insurance. The Interpretation does not generally impose adverse consequences on the insured. However, in order to better balance the interests of all parties and avoid moral hazard, Article 9 stipulates that when an insurer makes an inquiry about the insurance contract, the insured shall truthfully inform the insured. It is worth noting that if the insured fails to inform the insurer that the insurer is unable to exercise the subrogation right, the insurer has the right to request the insured to return the “corresponding” insurance premium, not in an all-or-nothing manner. Another embodiment of the principle. In addition, “Interpretation” uses seven provisions, systematically stipulates the basis of exercise, the object of exercise, and other procedural issues, and refines the legal provisions to make up for legal loopholes and is beneficial to the legal rights of the insurer. exercise. “Interpretation” respects the objective reality of China’s insurance industry development, does not deviate from the existing development stage, properly balances interests, and provides a strong judicial environment for promoting the sustainable and healthy development of China’s insurance industry.

The Interpretation adheres to the problem-oriented approach and focuses on solving long-term disputes in practice. Some controversial issues have long plagued judicial practice, and Interpretation responds to practical needs and unifies refereeing standards. How can the insurance liability be borne by the insured in the case of joint and several liability for joint infringement? This problem is particularly prominent in insurance accidents caused by collisions caused by multiple vehicles, and the judicial scale needs to be unified. Article 16 of the Interpretation stipulates that under such circumstances, the insurer may not refuse to pay the insurance premium on the grounds that the joint liability exceeds the liability share of the insured. After the insurer assumes the insurance liability, it has the right to recover from other joint and several responsible persons. This position is in line with the original intention of the insurance law and the purpose of the liability insurance system, and it also helps the third party to obtain timely and adequate relief. Regarding the binding force of the settlement agreement on the insurer, there are long-term differences and the practice of local courts is different. Article 19 of the Interpretation determines whether the settlement agreement is approved by the insurer, conforms to the principle of contract relativity and real life needs, clarifies disputes and solves problems.