Can the auto w88 online live casino model clauses be more considerate?

Li Qingwu

(Source: Financial Times) 2015year4month1日）

Recently, the China w88 online live casino Association officially released the "China w88 online live casino Association Motor Vehicle Commercial w88 online live casino Model Clauses" (2014Version)" (hereinafter referred to as the "Model Clauses"). The China w88 online live casino Regulatory Commission hopes to take the opportunity to summarize the key clauses that have caused auto w88 online live casino disputes in the past, and guide the China w88 online live casino Association to revise these clauses, so as to eliminate the unreasonable causes of w88 online live casino disputes and truly protect the rights and interests of w88 online live casino consumers.
However, the author believes that the provisions on "third parties" in Article 3 of the model clauses still exclude the persons in the vehicle from the protection; Article4The criteria for identifying “persons on the vehicle” in Article 1 are often difficult to implement in practice due to the evidence and the nature of the accident. Such clauses not only trigger a large number of litigation disputes and increase the victim's relief costs, the country's judicial costs, and the w88 online live casino company's response costs. In judicial practice, the court easily interprets "passengers in the vehicle" as "victims under the vehicle" based on the shape of the accident, and determines that the w88 online live casino company bears w88 online live casino liability.
The current "passenger w88 online live casino on board" is a voluntary w88 online live casino with a small w88 online live casino amount (w88 online live casino amount per seat1million) and low level of protection, covering up the shortcomings of the current provisions regarding “third parties”. The author suggests that the model clauses should adopt international advanced systems, extend the scope of "third parties" to "passengers on the vehicle", and abolish the current "passenger w88 online live casino on the vehicle". Although the compulsory traffic w88 online live casino does not include passengers in the vehicle as "third parties", it does not mean that the commercial liability w88 online live casino should do the same, because the coverage provided by the compulsory traffic w88 online live casino is the minimum protection requirement, and the scope of "third parties" covered by the commercial liability w88 online live casino can be greater than the provisions of the compulsory traffic w88 online live casino.
Regarding the above-mentioned imperfections in the model clauses, the relevant departments of the China w88 online live casino Regulatory Commission entrusted others to explain to the author the following: First, the underwriting risks and w88 online live casino rates match. The insurer clarifies the insurable risks through w88 online live casino liability and liability exemption, so that the w88 online live casino fund pool managed by the insurer can be maintained at a reasonable level. If the scope of "third parties" is expanded to "vehicle passengers", it will increase the expenditure of the w88 online live casino fund pool, and w88 online live casino rates will need to be increased to maintain the balance of the fund pool. If this is the case, it will be unfair to most w88 online live casino consumers who do not have similar risks. The second is "Three-party w88 online live casino" is generally understood as the excess compensation protection of compulsory traffic w88 online live casino. Keeping the "third party" agreement in the "three-party w88 online live casino" consistent with the scope of "victims" in the compulsory traffic w88 online live casino contract will help to calculate claims and avoid cognitive confusion.
The author believes that the above explanation is open to question. If the explanation is true and w88 online live casino pricing can adhere to the principle of matching underwriting risks and w88 online live casino rates, then w88 online live casino companies should pay commissions to w88 online live casino agencies according to the commission standards stipulated by regulatory agencies. However, in practice, the commissions are much higher than the above standards, which shows that w88 online live casino companies’ premium pricing does not adhere to the principle of “matching underwriting risks and w88 online live casino rates”, and the space between premium pricing and w88 online live casino compensation costs is too large. Secondly, the risk that w88 online live casino consumers face in compensating "passengers in the car" is common and objective. Among car-owning families, most of them own one car. Such vehicles often carry their family members, colleagues or friends. If the liability w88 online live casino does not cover the "passengers in the car", the car owner will bear the risk. If you want to spread this kind of risk, you must pay an additional premium to purchase car passenger w88 online live casino with very low w88 online live casino coverage, which undoubtedly increases the burden on w88 online live casino consumers. In addition, the current compulsory traffic w88 online live casino covers mental damage compensation, while commercial liability w88 online live casino does not cover mental damage compensation. The inconsistency between the two does not cause "cognitive confusion."
In addition, in order to realize the purpose of liability w88 online live casino, the modern liability w88 online live casino system prohibits w88 online live casino companies from using the grounds of defending the insured to defend the direct claim of a third party (victim) against the w88 online live casino company. The exemption situations specified in Items (2), (3), and (4) of Article 24 of Chapter 2 "Motor Vehicle Third Party Liability w88 online live casino" of the Model Clauses obviously do not follow the modern system structure of liability w88 online live casino, hinder the realization of the purpose of liability w88 online live casino, and do not highlight the legal status of "third parties".
In practice, motor vehicle engine water damage w88 online live casino is scarce. Since the engine is the core component of a motor vehicle and has a high cost, if the engine is lost due to any accident, the w88 online live casino company will pay compensation, which will greatly increase the w88 online live casino company's probability of compensation and increase the w88 online live casino company's operating costs. Therefore, Article 10 (8) of the Model Clauses stipulates "engine damage caused by water intrusion into the engine" as the w88 online live casino company's excluded liability. Although this clause helps to prevent the insured's moral hazard and reduce the w88 online live casino company's operating risks, the design of this clause obviously cannot meet the needs of w88 online live casino consumers to spread risks.201117911_18113
In addition, the agreement on the deductible rate does not take into account the legitimate demands of w88 online live casino consumers. Article 11 of the model clauses stipulates that “the third party shall be responsible for compensation for the loss of the insured motor vehicle. If the third party cannot be found, the third party shall be compensated30%", this agreement has been strongly criticized. Although this provision reduces the moral hazard of the insured committing w88 online live casino fraud and helps reduce the operating costs of the w88 online live casino company, it does not take into account the legitimate interests of w88 online live casino consumers. That is, when there is evidence to prove that the insured If the motor vehicle is indeed caused by a third party who hit and run, even if the insured "cannot find the third party", the w88 online live casino company shall not be exempted from liability. If there is no evidence to prove this situation and the insured does not have additional w88 online live casino "motor vehicle loss w88 online live casino cannot find the third party special w88 online live casino", the w88 online live casino company will apply the deductible rate.
In the model clauses, some exemption situations lack legitimacy. Article 8 (2) "About Exemption of Liability"8Situation: "A driver not permitted by the insured". This exemption is very unfair to the insured under certain circumstances. Since the loss caused by a driver driving a motor vehicle without the insured's permission is still an "accidental" loss to the insured, the w88 online live casino company's refusal to pay compensation lacks legitimacy. In this case, after the w88 online live casino company pays the insured, it can exercise its right of recovery against the unauthorized driver, thus reducing its operating costs. If the model clause can be modified in this way, it will not only protect the insured's reasonable expectation of car damage w88 online live casino, help prevent collusion between the insured and the driver, but also reduce unnecessary litigation between w88 online live casino companies and w88 online live casino consumers, reducing the country's judicial costs and the w88 online live casino company's operating costs.

(The author is an associate professor at the w88 casino of Law, w88 casino)

Original report link:http://www.financialnews.com.cn/bx/cx/201504/t20150401_73686.html

Some media reprints:

China News Network:http://www.china-w88 online live casinocom/news-center/newslist.asp?id=255967

China.com:http://finance.china.com/fin/bx/201504/01/2412146120.html

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Financial world:http://finance.jrj.com.cn/2015/04/01051719044335.shtml

Hexun.com:http://w88 online live casinohexun.com/2015-04-01/174593600.html?from=rss

Oriental Fortune Network:http://w88 online live casinoeastmoney.com/news/1233,20150401492403641.html