Theory of the insurance law of the reasonable expectation principle with the priority to protect the legal interests of insurance consumers' rights and interests

Theory of the insurance law of the reasonable expectation principle with the priority to protect the legal interests of insurance consumers' rights and interests

America's "meet the insurant is reasonable to expect," the concept and principle of the generation and development of the basic content of "the principle of legitimate expectation" and the concrete application, and analyzes the principle of "reasonable expectation" of insurance industry and insurance industry in the us and Europe the enormous vibration and revolutionary impact."Reasonable expectation principle" also to perfect our country insurance legislation and the standardization of the insurance market operation has a positive reference, both is advantageous to the insurance of good faith and fair dealing, the implementation of the social values in can effectively prohibit abuse of the insurer is its superior position in the institutional and create contract concluded the status of inequality, but also to the underwriter the implementation of the information disclosure obligation, to better protect the rights and interests of insurance consumers.

The United States as the world's superpower, its insurance market mature and standard, improve and perfect the insurance laws and regulations.Especially its insurance regulations, extremely attach great importance to the protection of economic rights and interests of insurance consumers, and in the world the principle of "satisfy the insured reasonable expectation".A, the reasonable expectation principle according to historical records, the concept of "meet the insured reasonable expectation", the first by the British Lord justice Stormon ? Darling, put forward in 1896, he advocated "policy should be interpreted according to the reasonable expectation of insurant" [1].But conservative British court always did not adopt this proposal.By the middle of 1940 s, the "reasonable expectation" theory was again found and advocacy.However, this is accomplished by the court in the United States.Insurance law case in the United States, the concept of "reasonable to expect" first appeared in 1947, "use Garnet case".Look for in a "meet the insured reasonable" principle of interpretation system, of course, is due to keaton judge.Although Penn in 1950 also proposed the concept of "rational expectations" principle in the contract law, but because of the lack of a system is discussed and the relevant court precedents for support, at the time was not caused wide public concern and discussion.After the "use Garnet case" keaton judge on the United States from 1930 to 1970, 40 years numerous insurance case, on the basis of in 1970 in the harvard law review published titled "on the insurance law conflicts with the policy terms and conditions of the existence of rights".In this is known as the "founding papers" reasonable expectation principle, he profoundly pointed out: "most insurance case, nominal respectively by doubt clause interpretation rule and unfair, public policy, ban retract and other legal theory as the reason for a ruling, but they actually embodies a kind of common principle
Read and judge, that is to meet the reasonable expectation of insurant as the guidance."[2] he advocated by" the principle of legitimate expectation "complement a loophole in the law, and strive to change the law so as to adapt to the reality of the development of the insurance industry. It can be said that the judge keaton about reasonable forward to innovation and development of legal thought, is not only a change of insurance contract interpretation methodology, but as a kind of new insurance contract legal analysis models, has ushered in a new worldwide priority and comprehensive protection to the legal interests of insurance consumers right trend.

Second, the basic content of "the principle of legitimate expectation" and use since the founding papers published in 1970, "meet the insured reasonable expectation" theory gradually adopted by most states the courts to accept, and become the judge explained the important principle that the policy terms.Since then, American insurance case law practice gradually rise up the principle of legitimate expectation.The theory requirements: the judge should be a reasonable dilettante insurant's point of view, what should be reasonably expected to judge him, for insurance policy shall be interpreted according to the reasonable expectation of insurant, namely "without insurance or law, according to a specially trained people's rational expectations to explain the policy. If a rational person expected policy guarantees for a certain loss, the court will ask the insurer to pay - although may be a contract text has clearly excludes the compensation".[3] "court respect and pay attention to the insured and the beneficiary of the insurance contract terms and conditions of the objective and reasonable expectation, even if the policy of strict terms does not support these expectation".Rational expectation theory, in other words, the consideration is not only justification lies in the insurance clause is not the problem, the insurance terms and conditions of the unfair or wrong is only "appearance" of the problem, the "essence" is the insured does not enjoy the real freedom of contract.Because insurant most don't have the expertise, the relevant insurance in the insurance information distribution belongs to the weak, not made in accordance with the will of their freedom of choice.Principle of legitimate expectation, therefore, will be placed in the policy terms before a focal point of its regulation to formulate and contracting, supervise and urge the insurer must hold the good faith and fair dealing idea to design the insurance clauses, active policy terms the tips and wake of duty, make policy-holder is sufficient to obtain the relevant insurance information and fully understand the policy provisions under the premise of further to make real the contracting.According to professor rudd (Mark c. Rahdert), as of the end of the 1990 s, American courts in his ruling, the main application of the principle of "rational expectations" [4] in the following four aspects: (1) the court is most often used with the reasonable expectations of insurant explain and determine the precise meaning of an alternative policy terms, in fact this level function and traditional provider explain rules against format terms have the same.(2) when the court met some clauses obviously unfair to the insured, or in equity is referred to as "the conscience (Unconscionable) clause", because of such terms or against the insurer to the insured's promise, or with the insured under this policy should be not very accord with the fundamental interests, the court will frequently use reasonable expectations principle to adjust the policy terms, in order to achieve a relatively fair and reasonable.(3) when the court said even the some clauses in the contract clear narrative, but because of its materially violates the aim and purpose of this policy, the court will refer to rule out such terms and conditions of the application of rational expectations, but this is not the case.(4) when some of the exclusion clauses in guarantee slip serious violation of social morality and public policy, the court to protect the public good, occasionally using the principle of reasonable expectations and make such policy terms is invalid, but the occasion is close to zero.

Three, "the principle of legitimate expectation" the revolutionary influence of the theory of reasonable expectation is adopted widely, the justice department to meet the legal concept, rational expectation by the insured by a judge discretion to exercise, as a kind of new insurance contract interpretation rules to implement and promote.The rules and transcend the traditional insurance contract interpretation rules and system, and even deviated from the basic ideas of traditional contract law and jurisprudence, the revolutionary influence on the insurance law of the change.It as a new important principles, insurance contract is established in the judicial practice in the United States, and the UK insurance industry has a huge shock.Since then, the American insurance industry set off a "self quietly revolution".[5] the insurance companies comply with the trend, through improved its insurance products, redesign policy content, as far as possible in order to easy to understand, to formulate a clear language
, and in the process of contracting parties to the insured to disclose fully the relevant insurance information, help the insured, in a planned way, to choose and buy suitable to the need of insurance, try to avoid and reduce because of the lack of information or untrue, lead consumers to buy blindly is not suitable for their own insurance coverage.In this way, "from the point of the insured, he or she will be more efficient use of insurance risk dispersion function, this shall be borne by subjected to pass on to the danger of the underwriter; moreover, numerous insurance individual effectively applied on dangerous mechanism, promoted the society as a whole to the overall effect of accumulation ability to spread risk efficiently, which realizes the fair insurance consumption, and promote the efficiency of the insurance industry".[6] in this way, not only enhance the confidence of consumers to purchase insurance products, insurance also healthy and continuous development of the insurance industry has a significant effect.In recent years, the contract law academia grew rapidly in the UK at the same time, also more attention and recognition principle of legitimate expectation, and in constant discusses the principle, perfect and systematic.Principle of legitimate expectation is brought to the attention of the British legislature and recognition, also has a tendency to start migration of some British court.Because the British contract law of the Principle of Good faith, the Principle of Good faith) in the "absence", Britain need Principle with similar functions to deal with new problems in the development of contract law.[7] at the same time, the British contract law also unwilling to follow the United States, while trying to develop their own contract effectiveness to justify new theory.

Four, "the principle of legitimate expectation" to the legislation of our country insurance to sum up, American courts through "the principle of legitimate expectation" advocated and lead the priority to protect the legal interests of insurance consumers' rights and interests of ideas, to the contract law of the development of our country also to have certain application reference value, to perfect our country insurance legislation and the standardization of the insurance market operation greatly.1. Beneficial to insurance the social value concept of good faith and fair dealing implement reasonable expectation principle requires insurance companies to an honest business ethical approach to the public, because they don't have the time, the public is not interested to familiar with the technical details of the insurance business.When insurance consumers become more knowledgeable, insurance people still need to be honest it signed to meet customer requirements and choose the suitable insurance products.In addition, still need to have knowledge of the insurers to protect the interests of both the company and customers, once the accidental damage occurs, also need to have compassion and have professional knowledge claims staff to service.2. Can effectively prohibit abuse of the insurer is its institutional superiority in order to regulate the insurer shall not abuse its institutional inequality superiority and contract freedom, is the reasonable expectation rule a reason to justify.It will be the protection of insurance consumers' rights and interests in advance to the policy terms and formulate link, ask the underwriter when designing policy terms, should give full consideration to the interests of both sides balance and fairness, shall not use of format terms to reduce or eliminate the basic obligation, or derived from the contract on the common law of obligation;Otherwise, the insurant demands reasonable expectation rule, seeking to provide relief to those who make its meaning unexpected terms.3. Conducive to the underwriter the implementation of the information disclosure obligation, to better protect consumer rights and interests through the court give legal effect to the insured reasonable expectations, prompting the underwriter actively in the process of contracting for the insured to disclose and reveal a rich and real insurance information, so that the insured on the basis of based on fully understand the content of insurance clauses, to systematically rational arrangement and suitable to the need of insurance, and try to avoid and reduce because of the lack of information or untrue, lead to blind is not suitable for their own insurance coverage, which reflects the priority protection of rights and interests of vulnerable groups in insurance transactions emerging legal interests.