Now, litigation property insurers, mostly insurance litigation cases.Also, insurance companies, especially property insurance company, in recent years, litigation cases showed linear upward trend, the insurance company and the parties by V. tired, even, some insurance companies, in the lawsuit, the insurance company has become weak.
Why do so many cases appear?
First, the legal concept of this and people is concerned, with the development of economy, when people in the dispute, especially in economically developed regions, they often quickly thought of litigation, to resolve the dispute through legal action.This can not but that is a legal progress.An example of this is, in some economically underdeveloped areas, such as Inner Mongolia, the northeast provinces, where the case would be a lot less.
Second, the insurance clauses and insurance legislation and not rigorous or not careful relationship.For example, cross strong insurance, involving drunk, undocumented, escape, the plot, because the provisions of compulsory insurance regulations is very fuzzy, therefore, once the plot, the insurance company and the related parties will have on the understanding of the differences in regulations, both under dispute, the court can only v..At the same time, some insurance clauses stipulated not careful, or its provisions unfair, therefore, such provision, both sides still prone to understand the objection.For example, car loss danger, a wading and rainstorm concept, the concept about terms, because there exist cross terms, but did not explain in detail, so, if where the cross had an accident, for example, in heavy rain, wading vehicle vehicle, and thus cause engine damage both sides, loss of vehicles is caused by rainstorm or wading fail to reach agreement, the court of appeal.Therefore, this kind of legislation or the terms to be evil law called or bad terms, after all, because of the problems caused by the lawsuit, waste of litigation resources.
Third, is the insurance industry does not regulate the operation of the policy, such as non insured signature, or the risk and insurance is not consistent, for example, should the carrier's liability insurance, but the insured cargo transport insurance, such as insurance companies in violation of the law to terminate the contract, etc..In this case, such as the exemption clauses, insurance company that is not fair, however, the law is the law, especially about some legal provisions, even if you think that this sentence will bring some adverse effects, such as the person still driving without a license is the insurance compensation, which indirectly to agree even encouraged. Driving without a license.But, even so, the law to punish is still legal, not by the consequences and avoid hard requirements in violation of the law.
Fourth, is the property insurance prone, moreover, easy cause moral risk, according to the China Insurance Regulatory Commission released data, insurance cases, 30 to 40 percent of cases are associated with fraud.The digital test the integrity system, China at the same time, also called implies the necessity to establish the credit system of insurance industry.
Fifth, is the relevant legal provisions, insurance accident in which third people can sue the insurance company, the insurance company, litigation has also greatly increased.
There are so many cases, how to court cases overall?Can be described in a phrase, under normal circumstances, the insurance company will be "planted" inside.
The insurance company is at fault, such as the provisions have not fair, the insurance company will surely lose.However, even in some of the evidence is conclusive, the other party may prove the accident insurance fraud or there is no reason to obtain insurance compensation, the court may also according to the insurance company is the regulator of social stability, the insurance companies lose judgment.For example, in a treatment of the case, the clone car insurance contract dispute.Photos out of vehicles provided by the parties and hit the vehicle DMV photo archive is obviously not the same car, signs are not the same.Moreover, information and vehicle driving license records of the archival information can be quite different.But even in this case, the court ignored, the evidence said, whether the vehicle standard is the engine number, because insurance survey not extract into the frame number, so the insurance company to assume the insurance liability judgment.Fortunately, the second case, the traffic police department to provide new evidence on the relevant departments under the pressure, the clone car claim the insurance contract dispute to be settled the basic.
However, the author thinks, the insurance company as the business management main body, its healthy and orderly development plays a very important role in the whole society.However, as far as I know, the insurance industry, especially the property insurance company, operating conditions of a worrying, even large losses.The more individual property insurance company, or even to be taken over the extent of.If so, I think, the property insurance market situation is detrimental to the community, because the insurance company may not always operate, or inverted, or premiums.These two conditions are bad for society.
So, the author calls, the insurance company in strengthening standardized management, fair make insurance terms at the same time, also need the court change idea, there are rules must be adhered to, otherwise, not according to the rules of operation and not according to the rules to the insurance company, ultimately affect the whole of society.