校方责任保险疑难法律问题研究

A Study on the Difficult Legal Problems of School Liability Insurance

当前校方责任保险纠纷中反映出的疑难法律问题主要表现在以下方面:学校的民事赔偿责任与保险公司的保险责任之间的关系;常见免责条款的法律效力;校方责任保险与学生意外伤害保险、社会保险的关系;受害学生和学校向保险公司索赔的方式;学校请求赔偿保险金的诉讼时效的起算;保险责任的归属方式。

At present,the difficult legal problems reflected in the dispute of school liability insurance are mainly manifested in the following aspects:the relationship between the civil liability of schools and the insurance liability of insurance companies;the legal effect of common exemption clauses;the relationship between school liability insurance and students’accidental injury insurance and social insurance;the ways in which the injured students and schools claim compensation against insurance companies;the commencement of limitation of action in liability insurance;the attribution ways of insurance liability.