Vehicle insurance, the insurance people to perform the specific explanation obligation mode

Research on the vehicle insurance in the insurance performance

Vehicle insurance, insurance performance

The specific explanation obligation mode

 

 

Keywords: vehicle insurance Exemption clause Clear

Abstract:In the vehicle insurance business, the insurance to the insured to the insurance clause specifies the obligation of not standard, caused the dispute of contract vehicle insurance emergence, suggest the insurer in strict accordance with the "insurance law" provisions strictly fulfill the insurance provisions of the specific explanation obligation, the "copy" the record "or the applicant statement" way, earnestly implement the insurance provisions of the specific explanation obligation, the effective protection of the insurer and the insured person's legitimate interests.

The text:

A,Vehicle insurance, the insurers to perform specific explanation obligation of insurance clause

At present, with the improvement of automobile popularization, the automobile gradually into the family, social car quantity rises year by year,Vehicle insurance relationship thousands of households,Therefore,Vehicle insurance is the propertyThe main business of the insurance company,Vehicle insuranceIn theAll propertyInsurance premium income in the60%The above, therefore, thePropertyInsurance companies are struggling to grab in the auto insurance market share, in theVehicle insurance underwriting links chaos.

In eachPropertyGrass-roots branches of an insurance companyInsurance underwriting business, common clerk only collect insurance, single and not to fulfill the terms of explanation obligation, or even illegal generation the insured single parent signature; otherwise some insurance agency and industry, such as auto repair factory,4SShop, there are only collect insurance, single and don't fulfill the obligations that generation, the terms of the insured single parent signature situation. The above phenomena, inEachPropertyWidespread grass-roots branches of insurance companies. Therefore, in the vehicleCases of disputes over insurance contract dispute cases, nearly 80% of the focus on whether the insurer to make clear duty, not the specific explanation obligation is the main reason for the defense of such cases.

Two, the new "insurance law" of the principle of utmost good faith and the insurer's explanation obligation

Insurance contract is a kind of special commercial contract, because of the particularity of insurance transaction, the principle of honesty and credit inInsurance LawCompared with the other civil law requires more high, known as the principle of utmost good faith or the utmost good faith principle.The new "insurance law"Article fifthRegulations.The parties to insurance activities shall abide by the principle of good faith exercise the rights, obligations.Article seventeenthRegulations.In concluding an insurance contract, the insurer to provide the terms of the format, the insurer to the insured policy shall be attached to form clause, the insurer shall explain the contents of the contract to the insurance. In terms of exemption from liability insurance in the insurance contract, the insurer shall make enough to cause the prompt attention of the insured in the insurance, the insurance policy or other insurance certificate in concluding a contract, and the terms of the contents of the written or oral form to the applicant made clear; not prompt or clear, this clause shall not be binding.

The above provisions, the insurer must follow in the insurance activityThe basic principle of utmost good faith, shall truthfully to the insured to fulfill the insurance clauseThe specific explanation obligation.

In practice, the various types of property insurance company salesVehicle insuranceFormat clause, the insurer for the general provided by insurance companies, has been stipulated in the clause of exemption clause, when the insured subject insurance accident, if there are provisions of the exemption clause, as the insurer's Insurance Company may be exempted from liability insurance. But based on the "insurance law" seventeenth article,Insurance contract provides for the exemption of liabilities for the insurer, the insurer in conclude when insurance contract shall clearly to the applicant forThese results indicated that theClear,Without prompting or clear, the clause shall not be binding.

But in the actual car insurance sales, existenceInsurance agent, a concurrent business insurance agent, insurance broker insurance sales tend to light weight, insurance explanation, and the majority of non"Insurance law" seventeenth articleAccording to the provisions ofThe liability exemption clauses are clear. If the insured in the insurance contract is not the exemption clauses as specified, then the exemption clause does not come into effect, the insurance company can not be exempted from liability insurance. Thus, when accident happens, about whether the insurance company exemption, easy to produce a lot of insurance disputes.

Three, vehicle insuranceThe exemption clause the validity of the insurance contract disputeThe case

(a) the vehicle insurance, onThe liability exemption clauses to fulfill the specific explanation obligation mode

Methods specified in the insurance law of insurers that in our country, which not only can use written instructions, and the verbal description. Because the insurer description obligations to fulfill general verbally, but verbal instructions not to legislate, once the occurrence of the dispute, in the case of insurance contract, hard to prove yourself to fulfill the obligation of explanation. Therefore, in practice, in order to avoid both parties of insurance contract have objection to serve on the format of the exemption clause in the contract, the insurance company shall prove the general description of the obligations in the following ways.

A:Insurance companies on the one hand the exemption clause in bold made is different from the general terms of the special label, which on the other hand, statement of the applicant in the insured single: "an applicant for insurance clauses (especially the liability exemption clauses) I have read and understand," the applicant seal on the application form or signature. Typically these contents have been able to prove the insurers to perform the explanation obligation.

Methods two:In theThe applicant to fill in application forms also clearly remember the "statement of the applicant" content that is"The insurer has provisions on insurance contract fulfilled that obligation, and the liability exemption clauses to fulfill the specific explanation obligation. I have carefully read, understand customer protection declaration and insurance clauses especially liability exemption, cancelling the contract provisions, and agree to abide by. Fill in all items of information policy and is true. The above and this statement will be the basis of the insurers, and as a part of insurance contract. If there is no disclosure, the insurer has the right to terminate the contract, and the contract before the accident shall not be liable for any claims." The insurance policy holders, request the applicant to read carefully, and signed or stamped confirmation.

(two) on the vehicle insurance exemption clause is valid insurance litigation case

In fact, in the motor vehicle insurance, now a lot of vehicle insurance is through the garage as a part-time agent to buy, namely insurant pay insurance premium to the garage, the garage pay insurance premium to insurance company, insurance company of a single, then the insurance policy to the garage, in general, for the signature on the form data by auto generation. To this effect, the court found no one:

A case:The garage for signature generation,The insurer fails to perform the exemption clauses to the insured's duty of explanation, and disclaimer invalid.

A contract dispute clock sues an insurance company, the motor vehicle third party liability insurance case, the owner of a quasi clock will be insurance car to a garage for repair, and into repair factory after inadvertently collision inside the paint baking room, causing the vehicle and paint baking room damaged traffic accident. Identified by the traffic police, were all negative accident liability insurance vehicle driver. Zhongmou as owners paid compensation to repair plant, according to the insurance contract to the insurance company claims, but the insurance company liability exemption on the grounds of refusal to. Subsequently, Zhong Mou to insurance contract disputes to the court, court of the first instance, according to the insurance company and the clock of a signed contract of insurance the attached "motor vehicle insurance clause" fifth Fourth "contest, testing, in the business of repair place during repair, regardless of any reason caused the loss of vehicle insurance or third the responsibility of economic compensation, the Insurers shall not be liable for." As well asChinese Insurance Regulatory Commission documents "explain" motor vehicle insurance clause of exemption from liability article fifthEleven"In the place of business of the repair period: refers to the insured vehicles entering the repair factory (station, shop) maintenance, repair period, because the insurance vehicle to natural disasters or accidents caused by the loss or others. Among them, the business of repair place means insurance vehicle access to profit for the purpose of repair plant (station, shop); during the repair vehicle repair factory from entering into an insurance (station, shop) to maintenance, repair is completed and the acceptance when mentioning the check, including maintenance, repair process in the test."That the insured vehicle pulled to paint baking room losses, range, which belongs to the liability clause accordingly rejected a request, the clock.

Subsequently, the clock a verdict of the first trial, then appeal, the court of the second, think from insurance companies offer "motor vehicle insurance clause interpretation of" show "repair period" to explain. But the insurance company insurance "issued by one of motor vehicle insurance clause", not of "motor vehicle insurance clause", the insurance company did not provide sufficient evidence to prove that the terms and clock a cover clockwise on the exemption has clear facts in this case, the exemption clause is invalid. That the court of second instance not accepted the insurance company proposed the exemption clause expressly. Hence the decision to withdraw the first instance judgment, decree of the insurance company pays insurance compensation to clock a.

After investigation, the clock of a purchase insuranceThe form of the "statement of the applicant in the" Applicant Signature, notSome of my clockSignature, belonging to the garage for signature generation, confirmedSome insurance companies do not to Zhong Mou to perform such obligation, the exemption clause is invalid.

Case two: the insuredIn the "statement of the applicant" on the signature, confirmedThe insurer has performed the exemption clauses to the insured's explanation duty, vehicle pilfer rush to deal with an emergency exemption clause effectively.

About the blue sues an insurance company vehicle daoqiangxian dispute case, the blue will its own car to an insurance company insured Daoqiang Xian and other categories, during the period of this insurance, the car was stolen, and claim to the insurance company, the insurance company survey, think for the family since the vehicle damage insurance and additional pilfer the insured, but the owners who will be used for rental operations using insurance car, increase the degree of risk and insurance accident insurance vehicle, according to the original "insurance law" the provisions of article thirty-seventh "within the validity period of the contract, the subject matter of the insurance risk degree increased, the insured in accordance with the contract, it shall timely notify the insurer, the insurer has the right to demand for increase in the insurance premium or to terminate the contract. The notice duty of insured fails to perform any of the provisions of the preceding paragraph, which occurs due to the dangerous level of insurance mark increased insurance accident, the insurer shall not bear the liability of compensation." And the two sides signed the "family car loss danger" the main clause of insurance contract provisions of article second: "the insurance contract in the family car refers to the territory of the people's Republic of China (excluding Hong Kong, Macao, Taiwan) family or personal travel, and use for non business of Transportation approved seat in the9Coach, following the ratified load at075Notchback tons." The insurance company to the owners of the insured losses do not assume insurance responsibility. According to the signing of the defendant and the plaintiff "family car loss danger""Additional pilfer"Contract article second of paragraph fourthResponsibility: :(four) the leased vehicle at the same time with the lessee missing". Therefore, China Insurance company.

Blue is not a, hence to the court. Court of the first instance, that the insurance company did not explain to the leasing of vehicles and the lessee also missing terms no detailed description of obligations, not to a blue sign, so the insurance company to provide the format of the contract is invalid, not binding. In addition, the blue one for passenger use the purchase of vehicles, the act by the relevant departments of management, this case is not made adjust. The plaintiff purchased vehicles for other purposes, and not in violation of the provisions of the law, the defendant's claim, the law does not support, then any insurance company pays insurance compensation to the plaintiff.

The insurance company refuses to obey, then to the second instance court of appeal. Trial court that blue one, perform in the insurance contract period, changing the nature of the use of the insured subject-matter, the family occupied the vehicle to change properties for illegal cab operations, the objective to increase the degree of risk loss of the subject matter of the insurance, but did not notify the state insurance company, can't let insurance companies choose to increase the insurance premium or to terminate the contract. Therefore, the blue one because the increased risk to the subject matter of the insurance and the occurrence of accidents, the insurance company has the right not to undertake the compensation responsibility. As for the validity of contract litigation of cases, trial court that blue one, at the time of the application has been in the proposalform signature statement insurance companies have insurance terms and to clear, it has fully understood, agreed to the insurance contract basis, and the related data of the vehicle engine in insurance on the rubbing confirm, therefore a judgment that insurance companies don't have a clear blue of the insured, insurance clause does not have legal effect that improper. To sum up, was ordered to withdraw the first instance judgment, reject the blue of a claim.

By the investigation, in the blue one purchase insuranceThe form of the "statement of the applicant in the" Applicant Signature, it isSome of my blueSignature, and in a second trial, ,Some of these facts when blueThe court recognized, the court of second instance judgment thatAn insurance company has truthfully to the blue one perform disclaimer the duty of disclosure, the exemption clause effectively.

Case three:The garage for signature generation,The insurer fails to perform the exemption clauses to the insured's duty of explanation, the exemption clause is invalid, but the court of second instance, that insurance clause has been provided, the exemption clause content has clearly indicated that the bold, that exemption clause effectively, make the wrong decision.

An insurance company about Mei sues the vehicle damage insurance dispute case, meimou the car to an insurance company, insurance against loss of vehicle, vehicle liability insurance (driver), breakage of glass, three non deductible clause, the third commercial liability insurance, car insurance, car (passenger) loss of non deductible clause, non deductible clause vehicle liability insurance. The period of this insurance, the car accident, plum and a claim to the insurance company. The insurance company that the accident vehicle at the time of the incident is more than the traffic police department issuing driving permits specified in the inspection period according to clause "," motor vehicle insurance clause seventh: "any of the following circumstances, regardless of any losses and expenses caused by any motor vehicle insurance, insurance per capita is not responsible for compensation:...... (three) the insurance of motor vehicles under one of the following circumstances:1The contract of insurance, unless otherwise agreed in writing, insurance accident insurance of motor vehicles not issued by the public security traffic management departments and other relevant departments of the driving license, license plate, or temporary plate or temporary mobile card, or not according to the provisions of the inspection or inspection unqualified;......".

Because of the compensation issues not consensus, meimou urged the court to sue the insurance company, court of the first instance, to identify meimou insurance provided the single, "expressly told" column of the article3Note: please read the enclosed clauses, especially concerning the exclusion of liability, the insurer and the insured obligations. And that according to the "terms" motor vehicle insurance clause seventh insurance companies need not assume insurance responsibility, then dismissed a lawsuit mei. Mei is not a, then to the second instance court of appeal, the second instance court, dismissed the appeal, upheld the.

By the investigation, in meimou to a car to buy a car, car only had a collection of premiums, it had a certain policy and terms of delivery, not to a performance of the exemption clause inform obligation, also did not submitThe proposal toMeganApplicant Signature in the "statement of the applicant", in accordance with the provisions of the "insurance law" eighteenth article,The exemption clause is invalid. A court of the second instance, without understanding its disclaimers clearly the obligations of the original meaning, that the insurance company to the insured clause, clause content has clearly indicated that the bold, that exemption clause effectively, make the wrong decision.

(three) the fulfillment of a clear reply and judicial administrative approval obligation

The above case, the insurer fails to specify standard duty is in the judicial practice difficult to grasp the scale, is a controversial problem, the basis for the law, administrative rules and regulations, judicial interpretation, but the three were not identified clear standard to make detailed, practical rules, only the insurance supervision institutions, the supreme court case study room on the reply can be decided according to the.

1,1997Years6Month17People's Bank of China.1998Years11Month18Before performing the CIRC regulatory functions) to China people's Property Insurance Company Limited "on the motor vehicle insurance business to expressly told implication and reply"(Silver method[1997]35No.)Specified in the:"Insurance companies in motor vehicle insurance policy is complete, accurate printed on the motor vehicle insurance clauses approval or registration of the people's Bank of Chinese, is considered to be fulfilled "insurance law" provisions of the obligation to inform. The insured in the insurance policy is signed, the applicant for insurance or insurance clause of the single relevant content that recognize and accept the contract obligations".
    2
,2000Years1Month24Day, Supreme Court of the room is clear how to understand the question to the Supreme Court of Gansu province. (the law of[2000]5No.)For the:"Clearly refers to the insurer before signing insurance contract with the insured or the signing of the insurance contract, the exemption clause in the contract of insurance contract, in addition to prompt the insured policyholder pays attention, it should also be the relevant concepts, the exemption clauses and legal consequence, in written or oral form to the applicant or his agent to explain, true meaning and legal consequences of the insured to understand the terms". The current law, the obligation to inform the way and no special requirements, the insurer may make an explanation to the applicant in written or oral form.

But in view of the insurer who fails to specify standard duty in the law, administrative regulations, judicial interpretation has not clearly defined, and the court for the understanding of the insurance supervision institutions, the Supreme Court case study room to reply content is different, its negative effect is to some extent shaken the certainty and stability should be exemption clause in general insurance contract.

Four, about the insurerSpecify the obligations of the legal analysis

(a)The insurerClear legal basis and legal obligations

The theoretical and legislative basis for the insurer explanation obligation, is based on the principle of good faith, determines the nature of contract law, law of insurance provider provisions of the format of the contract legal obligations and insurance contract.

Firstly, the insurance contract is a typical format of the contract, the insurer unilaterally drawn up by the insured under normal circumstances, this can only agree, disagree, no chance to show his real intention and the right to modify.  

According to the provisions of the contract law article thirty-ninth of the first paragraph:"The terms of a contract is concluded by the format, the party that provides the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and to take reasonable way to draw attention from the other party or limit their liability provisions, in accordance with the requirements of the other, an explanation of the terms."In addition, insurance lawThe provisions of article seventeenth:"In concluding an insurance contract, the insurer to provide the terms of the format, the insurer to the insured policy shall be attached to form clause, the insurer shall explain the contents of the contract to the insurance. In terms of exemption from liability insurance in the insurance contract, the insurer shall make enough to cause the prompt attention of the insured in the insurance, the insurance policy or other insurance certificate in concluding a contract, and the terms of the contents of the written or oral form to the applicant made clear; not prompt or clear, this clause shall not be binding."

Secondly, the insurance contract financial professional, technical and science as a whole, the general non professionals can't understand it exactly, as one party does not know the contents of the contract commitment, will lead to improper contract concluded; again, the insurance contract is a contract of utmost good faith, legal requirements for the integrity party is much higher than other civil activities, the insured to pay the premium, relies heavily on the insured to the insurance clauses based on the contents of the explanation and description.  

  (two) specify the obligations

1, the subject of the explanation obligation.According to our national insurance act seventeenth provisions of the first paragraph, the insurer shall bear the obligation of explanation. Obviously, the insurer is the explanation obligation of course, legal subject to perform. But the "insurance law"Article 116thRegulations.The insurance company and its staff shall not commit any of the following acts in insurance business activities: (a) deceiving the insurer, the insured or the beneficiary;......." Article 131stRegulations.Insurance agent, insurance broker and its employees shall not commit any of the following acts in handling insurance business: (a) to deceive the insurer, the insured, the insured or the beneficiary;......."Insurance practice, the insurer as a legal person, in addition to a written explanation of the insurance clauses and publicity, in fact can not be directly to the insured on the specific content of the terms for interpretation, but through its staff to verbally explain. Insurance contracts of adhesion and professional strong, hard to understand, if limited only by a written explanation of the insurer, or that the insurer has fulfilled that obligation, the insured, the insured is at a very disadvantageous position, also make the system to be really difficult to implement.

So, I think, that in addition to the insurer obligation shall be included:

1Insurance agent.Insurance agent refers to the Commission according to the underwriter, the insurance people collect agency fees, and in the unit or individual insurance agent insurance business within the scope of authorization. Some insurance agent or given administrative agencies to monitor the insurance agent qualification, the practice has more legitimacy. Insurance agent consists of professional insurance agents and a concurrent business insurance agent.According to the provisions of the legal relationship of agency, insurance agent shall bear the obligation of explanation.

The insurance salesman.Insurance salesman without explicitly stipulated in China's insurance laws and regulations, is generally believed that the insurance company's agent. The author thinks, insurance salesman should not only the insurer of the individual agents, should also include the insurance agency, insurance agents, agents of the Broker's Firm, regardless of insurance salesman is formal employee of the unit. When the insurance salesman as the insurer, insurance agent agent, the statutory obligations of the insurer and the clerk of course, and the clerk is not the obligations of legal consequences shall be borne by the insurer.

Insurance broker.According to the provisions of article 118th of the insurance law, insurance agent is defined based on the interests of the applicant, provide intermediary services for the insured and the insurer of insurance contracts, the lawcommission units. In practice, often appear insurance agent and the insurance companies to sign the agency agreement and collecting insurance situation, at this time, the insurance broker's identity has changed, it has as an insurance agent, rather than the agent, at this time should assume that obligation, and the insurer shall bear legal liability caused by the agency, not to the insurance broker agent on the grounds of defense.

  2, illustrate the scope and degree.

China's Insurance Law provisions of article seventeenth of the insurance contract, the insurer shall explain the insurance provisions, to policyholders in insurance contract on the exclusion clauses,The insurer shall make enough to cause the prompt attention of the insured in the insurance, the insurance policy or other insurance certificate in concluding a contract, and the terms of the contents of the written or oral form to the applicant made clear; not prompt or explicitly stated, this clause shall not be binding.From the above provisions, the insurer shall conduct a comprehensive, wide, generally, take note of all the insurance provisions, the exemption clause is responsible for"Clear"Obligation. Some scholars believe that, our insurance law does not violate the provisions that the legal consequences of general clause obligations, only stipulates the violation of the legal consequences, the exemption clause obligations in fact, this can be understood as the limit to the insurer explanation obligation.

I think, first of all, the insurer is not necessary, may not share what all over that again; secondly, the scope of insurers that certainly can't be confined to the exemption clause. The scope of insurance that should be enough to affect the insured decides the main clause or not, the policy holder, insurant rights and obligations have a significant impact and the basic terms, there are some professional terms. Mainly includes: the entry into force of the contract, the time and condition of the exemption clause, the insurer's right to terminate a contract, insurance claim prerequisites, surrender, surrender matters dealt with the amount and method of calculation. The insurer for clause meaning clear, common people can understand its meaning and consequences of terms, there is no need for too much, as long as the insured, the insured that reading, can be identified as the explanation obligation. But for enough to affect the insured decides the insured or not, for the insured, the insured lawful rights and interests have a significant impact on the important terms, basic terms the insurer shall take the initiative to the insured that, without the applicant or the insured enquiry or request. And the insurer's explanation of the above terms, should be enough to cause the insured's attention; objective, true to use non professional, user-friendly language; limited to ordinary people to understand the extent, true meaning and legal consequences to the insured that the above terms effect.  

3That way.

China's law of insurance of people performing the duty of explanation way not specified. Generally, the insurer may also be written verbal instructions to the insured. Considering from the burden of angle, a written explanation than verbal description is important; but from the actual effect, verbal description is helpful to the insured to the insurance contract interpretation, especially for the low cultural level of the insured person, is particularly important. Although theoretically, the insurer to fulfill"Explain"Obligation should reach the true meaning and legal consequences of the insured to understand the effect of the insurance contract terms. But how to prove that the insurer to fulfill this obligation has become a difficult problem in practice. In practice, the insurer generally used in the format of the terms of the contract statement of the insured on the following terms have been reading about it, there will be described in written form by the insured to sign. But in fact,"Signature"It does not necessarily mean that the insurer to the insured did perform the explanation obligation. Conversely, if the applicant signed, still judged insurer explanation obligation of the insurer fails, it may be too demanding. In practice, the insurer shall perform the obligation to explain whether between the parties is a controversial issue in the court cases, must be judged the problem is also an insurance contract dispute lawsuit.

The author believes that, in addition to the current widely used signed by the applicant for insurance terms have been reading awareness and the insurer has stated practice outside, still can use oral methods are explained and the"That record"Way, will explain the situation in the record volume work signed by the parties concerned; even to the great, but also to perform the obligations that work by recording, video, which proves that the insurer to fulfill the obligation of explanation.  

(three) legal consequence of breach of the duty

In our insurance law insurance does not perform legal obligations, no exemption clause specified is invalid for the insurer not on the exemption clause to make explanation obligation also provided only, without involving the validity of a contract. But the insurance law does not require the insured does not on the exemption clause in terms of the contract as to the legal responsibility and obligation. The author thinks that, from the perspective of fairness and justice, the insurer violating obligation, except for the exemption clause is unspecified, shall bear the adverse consequences:

  1Give the insured enjoy, modification or rescission right. The insured intentionally violating the duty of explanation, the insured on the basis of the rescission right of contract right, have the right to request the insurer to double the return of premium, negligent breach of obligations that the insurer, insured cancelling the contract, have the right to request to return the insurance premium and interest loss.  

  2Adverse consequences, interpretation. Also according to the provisions of the insurance law article thirtieth, insurers can't prove that has the obligation to inform, presumed impossibility, controversial on the insurance provisions, shall be made in favor of the insured, the beneficiary explanation.  

Five, about the insurer to fulfill the specified obligations of advice

    In order to avoid or reduce the occurrence of the exemption clause of invalid, the effective protection of the legitimate interests of the insurer and the insured, the insurance company should first do a good job in terms of oral interpretation work, which can reduce the relevant insurance contract disputes fundamentally. In addition, the evidence preservation point of view, the insurance company can through the following ways to improve the insurance and the insurance clauseSpecify the way to perform the obligations:

First, to make that record

The insurer may each insurance prepared a simple instructions, and annotated Q & a record, as the insured single attachment. The insurance policy holders, verbal explanation first on the terms of the insurance, and make clear to the exemption clauses, and to understand the record to explain the situation and the insured the insurer, instructions in two copies, with both parties sign the obligation to inform.

Second, the applicant to copy the "statement of the applicant"

In oral interpretation the insurer has relevant clause of the note and the exemption clause make clear, by the insured in the insurance of autographed copy:"Statement of Applicant: the insurance clauses of the insurance contract has been fulfilled that obligation, and the liability exemption clauses to fulfill the specific explanation obligation. I have carefully read, understand customer protection declaration and insurance clauses especially liability exemption, cancelling the contract provisions, and agree to abide by. Fill in all items of information policy and is true. The above and this statement will be the basis of the insurers, and as a part of insurance contract. If there is no disclosure, the insurer has the right to terminate the contract, and the contract before the accident shall not be liable for any claims." And sealed by the applicant or signed, and dated. It helps as the insurer of the obligation to inform that.

The above two kinds of performing the duty of explanation, the insurance companies and related agents may choose one of them.

Through the above means, make policy holder to understand the exemption clause and insurance, to ensure that the insurer and the insured to faithfully fulfill the rights and obligations of the insurance contract, to protect the insurer and the insured lawful interests.