On the Claim for Exemption from Liability of the Insured in Liability Insurance ——Comment on the Relevant Provisions of Liability Insurance in the Forth Judicial Interpretation of Insurance Law
Shen Xiaojun, Ph.D. in Law, Assistant Professor of Law School of Shanghai University of International Business and Economics.
Abstract：
The claim for insurance of the insured conferred by the twelfth article of the insurance law has many adverse effects on the victims, so the sixty-fifth article empowers the victims the claim for insurance under certain conditions.This would not harm the interests of the insured.For the insured, the function of liability insurance lies in the exemption of compensation liability.The insurer should not only undertake the joint and several liability for compensation, but also necessarily to bear the expenses of the insured participating in the compensation action.On the contrary, the reasonable scope of insurance liability is determined by the scope of the claim of the insured.In addition to denying the effect of the insured to the victims without compensation and recognition, the insurer should also give active participation to the insurer.The claim of the insured is feasible after the effective determination of the liability for damages.Therefore, the limitation of action should start from this time.In a word, in the liability insurance, the main purpose of the insured is to avoid the liability of compensation for the injured party through the insurer's payment, but not to get insurance money.Therefore, the claim of the insured is in nature the right of claim for exemption from liability.
SHEN Xiao-Jun. On the Claim for Exemption from Liability of the Insured in Liability Insurance ——Comment on the Relevant Provisions of Liability Insurance in the Forth Judicial Interpretation of Insurance Law[J]. , 2019,(1): 135-148.
2019, Issue (1): 135-148 DOI: 
