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The disclaimer in insurance contract explains
From;  Author:Stand originally

As the swift and violent development of our country insurance, insurance contract dispute also adds increasingly, because the disclaimer in insurance contract was not made,make clear what explain and cause to have certain proportion among them. The insurance contract of our country uses written format to change a provision normally, the format changes a provision is put forward by underwriter one party, policy-holder expresses can wraparoundly to accept only and conclude with the underwriter insurance contract. Because this underwriter is in,conclude advantage position is in in insurance contract process, have richer practice experience because of the underwriter at the same time, the likelihood drafts a few format clauses that go against insurant beforehand, to protect the interest of not specific and most policy-holder, underwriter of requirement of relevant law provision has demonstrative obligation to insurance contract provision, in conclude when insurance contract, the underwriter ought to show the content of insurance contract provision to policy-holder, stipulate concerned underwriter absolves liability clause in insurance contract especially, the underwriter ought to explain clearly to policy-holder. For this our country " insurance law " made special provision the 17th times: "The regulation in insurance contract concerns what exempt an item at underwriter responsibility, the underwriter is in conclude the specification ought to be made clear to policy-holder when insurance contract, explain not clearly, this clause does not produce effectiveness " . How to understand here " clear specification " it is correct and applicable the crucial place of this law.

Supreme court law ground on January 21, 2000 the give an official of 2000 5 date sets the 17th times to insurance law " clear specification " the explanation that has is to show the underwriter is in insurance contract perhaps is signed before signing insurance contract with policy-holder when, to the disclaimer that agrees in insurance contract, besides on insurance policy clew policy-holder notes an accident, still ought to reach its law consequence to wait to concerning the concept of disclaimer, content, make an explanation to policy-holder or its agent with written oral perhaps form, in order to make policy-holder understands the true meaning of this clause and legal consequence. Accordingly, the author thinks, ought to from proceed with of the following respects, ability is accurate in practice understanding and applicable " explain clearly " , protect the legitimate rights and interests of insurant effectively:

Understand correctly " clear specification " . Of the disclaimer in insurance contract " explain clearly " , ask the underwriter understands the content of disclaimer not only without inform insurant by accident, and till requirement underwriter reachs the meaning of disclaimer consequence to till policy-holder understands completely,be clear about clearly, clearly to policy-holder explanation. There is the insurance major term that a lot of disclaimer places use in insurance contract, have specific connotation and extension, if do not have the explanation of professional, policy-holder often very fathomless. If policy-holder cannot understand the implication of disclaimer, also be indifferent to the judgement to disclaimer and acceptance, so this disclaimer also cannot produce effectiveness. To disclaimer, cannot think policy-holder is knowable or illative its are foregone and think to need not be done to its again " clear specification " . Disclaimer is the main component of insurance contract, and to disclaimer " explain clearly " the premise that is disclaimer become effective and foundation.
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