What are Insurance Liability and Exclusion of Liability?

Li'an Insurance Butler replies to you: Insurance liability refers to the responsibility of the insurer for economic compensation and payment of insurance money for the insured subject matter specified in the insurance contract when the agreed insured event occurs. It is usually enumerated in the terms of the insurance policy.

The insurance liability is clear that the insurer shall be liable for compensation or payment of which risks have caused the economic loss or personal loss of the insured. Insurance liabilities usually include basic liabilities and special liabilities. Liability exemption is a limitation on the liability of the insurer, that is, the scope to which the insurer is not liable for compensation and payment.

The liability exemption is clear which property losses or personal ** caused by the occurrence of risk accidents have nothing to do with the insurer's liability for compensation, mainly including statutory and agreed liability exemption conditions. Generally, there are four types: (1) Risks that are not covered, such as the current basic insurance of enterprise property, the insurer is not liable for the loss of insured property caused by **.

2) Losses for which no liability is assumed, i.e., loss waiver. The insurer shall not be liable for the expenses and consequential losses caused by normal repair and maintenance. (3) The subject matter that is not covered includes the subject matter that is absolutely not insured, such as land, mineral deposits, etc., and the subject matter that can be specially insured, such as gold, silver, jewelry, etc.

4) The policyholder or the insured is exempted from liability for failure to perform the obligations stipulated in the contract.

The exemption of insurance liability is the opposite of insurance liability, also known as "exclusion liability", which refers to the scope or type of risk that the insurer does not bear the liability for insurance compensation or payment in accordance with the law or according to the contract, and its purpose is to appropriately limit the scope of liability of the insurer.

1. In the provisions of the law and the terms of the contract. Liability exemption means that the insurance company is not liable for losses caused by certain special risks, and clearly states which risk accidents cause property damage or personal ** that are not related to the liability of the payer. To put it simply, the insurance company will not compensate for losses caused by force majeure, losses caused by the fault of the insured, and losses outside the scope of the insurance clause stated in advance, even if the insurance is within the validity period of the insurance.

2. There are some reasons for exemption from liability. In order to avoid misunderstanding, it is specifically stipulated in the policy that it does not belong to the scope of liability, mainly including illegal acts, force majeure such as wars and natural disasters, high-risk sports, congenital, genetic and mental diseases, etc.

3. Within the risk that the insurer is willing to bear. Through the agreement of liability exemption clause, some uncontrollable risks can be excluded, and the scope of insurance liability can be limited again

According to Article 18 of the Insurance Law of the People's Republic of China, "if the insurance contract stipulates a clause on the exemption of the insurer's liability, the insurer shall clearly explain to the policyholder when concluding the insurance contract.

Exemption from liability, also known as exclusion liability, means that according to the law or the contract, the insurer is not liable to compensate for the loss caused by certain risks.

The exemption of insurance liability, also known as exclusion liability, refers to the scope of the insurance contract stipulating that the insurance company is not responsible for paying the insurance liability, which is simply understood as the content that the insurance company does not insure.

Most of the insurance liability exemptions are by enumeration, that is, the scope of the insurance company's liability is clearly listed in the insurance clause. There is usually an "exemption from liability" clause in the insurance contract, such as the insurance company will not bear the corresponding liability for the insured accident caused by war, drunk driving, drug abuse, intentional crime, etc.

However, the terms of each insurance contract may be different for the exclusion of liability, and everyone should refer to the terms of the contract.

If you want to know more, you can move to this article: What is the exclusion clause of insurance, and how to look at it? If you don't understand, you'll suffer a big loss!

Generally speaking, when the insured is out of insurance, the insurance company will first look at whether it is within the scope of insurance liability, if it meets the insurance liability, it will also see whether it involves the content of liability exemption, if there is a trigger for liability exemption, then the insurance company does not need to make a claim, and if there is no trigger liability exemption, and other conditions are met, then the insurance company will make a claim in accordance with the contract.

The meaning of insurance liability exemption refers to the scope or type of risk that the insurance company does not bear the liability for insurance compensation or payment in accordance with the law or in accordance with the insurance contract.

Insurance liability exemption is actually the opposite of insurance liability, also known as exclusion liability, which is generally in the form of enumeration, that is, the insurance company is not responsible for the scope of claims in the insurance clause. Liability exemption is the scope of the insurance contract stipulating that the insurer is not liable to pay insurance. Most of the exemptions from liability are by way of enumeration, that is, the scope of the insurer's liability is clearly listed in the insurance clause.

The exclusion of liability was originally covered by insurance liability but is now excluded from it. There are many events included in the general insurance liability, and it is difficult to list them all, so the insurance liability should be stipulated first, most of the events are insurance liability, and only a small part of the events do not belong to the insurance liability, and then the small part of the events that do not belong to the insurance liability are exempted from liability and eliminated from them.

Insurance liability mainly tells you what this insurance covers, and Daddy recommends that everyone take a good look at the insurance liability clauses. Because when the insurance company settles the claim, it is strictly in accordance with the contract.

Exemption from liability, also known as exclusion of liability, means that if the claim of the insured or the beneficiary does not fall within the scope of insurance liability, the insurer has the right to refuse to pay the insurance money in accordance with the law and the contract.

Article 18 of the Insurance Law stipulates that "if there is a clause on the exemption of the insurer's liability in the insurance contract, the insurer shall clearly explain to the policyholder when concluding the insurance contract. ”

The exclusion clause includes a statutory exclusion of liability and a contractual exclusion of liability.

Statutory exemption refers to the exemption of the insurer's liability as stipulated in the mandatory provisions of the Insurance Law, which are as follows:

1) Breach of truthful notification.

Because the policyholder violates the obligation to inform, the insurance company terminates the insurance contract and is exempted from liability.

I have done a detailed analysis before telling my dad truthfully, and I want to know more about it here: "What is truthful informing?" 》

2) Insurance fraud.

3) Intentional acts.

4) Suicidal behavior.

5) Criminal acts.

2.Exclusions by Agreement.

In order to maintain social and public morality or because the probability of some accidents is difficult to predict, the insurance company declares in advance that it will not be liable to pay insurance benefits for some causes of death, disability or illness, which is called exclusion liability.

All in all, because the statutory part of the liability exemption is fixed, we should pay more attention to the agreed exemption when applying for insurance, and the less this exemption clause, the more beneficial it is to the policyholder.

Insurance liability exemption refers to the personal and property losses and personal ** that occur within the exemption from liability has nothing to do with the insurer, and the insurance company does not bear the liability for compensation.

When buying insurance, it is important for policyholders not only to pay attention to the scope of insurance liability, but also to exempt them from liability.

1. What is a life insurance contract?

The life insurance contract is an insurance contract that takes the life and body of the person as the subject matter of insurance, and the life, death, disability and illness of the insured.

2. What are the characteristics of a life insurance contract?

The insured amount of the personal relatives insurance contract shall be determined by the policyholder through consultation with the insurer according to the insured's needs for life insurance and the policyholder's ability to pay, within the scope and conditions permitted by law;

The payment of insurance money under a life insurance contract is in the nature of a fixed amount payment;

Characteristics of the insurance interest of the life insurance contract:

a. Because the subject matter of life insurance is human life or body, and the value of human life and body cannot be measured by money, so for life insurance, only there is no requirement for insurable interests, and there is no limit on the amount of insurable interests, and the insured has insurance interests, according to Article 52 of the Insurance Law, there are the following types: myself, spouse, children, parents; Other family members and close relatives who have a relationship of support, support or support with the insured person other than the preceding paragraph. In addition, if the insured agrees to the policyholder to conclude a contract for him, it is deemed that the policyholder has an insurance interest in the insured.

b. In life insurance, the insurance interest is only a prerequisite for the conclusion of the insurance contract, not a condition for maintaining the validity of the insurance contract and the insurer to pay the insurance money.

Prohibition of subrogation in life insurance contracts.

Article 67 of the Insurance Law stipulates that "if an insured person of life insurance suffers from an insured accident such as death, disability or illness due to the act of a third party, the insurer shall not have the right to recover from the third party after paying the insurance money to the insured or beneficiary".

2. Insurance liability of travel insurance contracts.

What is Insurance Liability and Exclusion of Liability?

The main purpose of buying travel insurance is to protect you during your trip, so it is very important to have insurance liability and liability exclusion in the insurance contract. It concerns the vital interests of the insured. In general, both insurance liability and exclusion of liability need to be paid attention to.

Exclusion of Liability. Exclusion of liability, as the name suggests, refers to the scope of accidents for which the insurer is not liable. If you find the risk liability you want to insure in the exclusion of liability, the insurance is definitely not suitable for you.

For example, Xiao Li plans to go diving in Sanya, and he considers the danger of diving, so he wants to transfer the risk by taking out insurance. Then if you apply for an insurance like Xiao Li, you need to pay special attention to the liability exclusion of the contract, because general travel insurance will list high-risk sports such as diving, water skiing, skiing, skydiving, bungee jumping, and rock climbing as exclusions.

Insurance Liability. Insurance liability is the scope of insured accidents for which the insurer is liable as agreed in the insurance contract. In travel insurance contracts, common insurance liabilities are accidental injury, accidental medical treatment, and rescue services.

As the saying goes".

The exemption of liability in insurance refers to the limitation of liability by the insurance company, which means that the insurance company is not responsible for compensation if the insured is not within the terms of the contract.

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There will be a paragraph in the insurance contract called Liability Exclusion, which clearly tells the policyholder that the policy will not be paid. However, in the contract, there is usually a certain exemption from liability for other contents, which is difficult to find if you don't look carefully. The following are the exclusions of liability for each type of insurance:

1. Critical illness insurance.

The product liability exclusion of various critical illness insurance is basically similar, such as intentional acts, illegal crimes, drunk driving, etc.

2. Medical insurance.

Intentional acts, illegal crimes, drunk driving, and rectification of the beauty of the Imperial Forest, genetic diseases, congenital diseases, etc. are not reimbursable.

3. Accident insurance.

Heat stroke, altitude sickness, drug allergies, physical poisoning, sudden death, etc. are not accidents and cannot be covered by accident insurance.

4. Life insurance. Intentional acts, illegal and criminal acts are all within the scope of liability exemption of life insurance.