机动车辆保险业务操作风险法律控制研究

Study on the Legal Regulation of Business Operating Risk in Motor Insurance

近年来,以机动车辆为保险标的的保险诉讼案件快速增长,多以保险人败诉结局,反映出保险人在车险业务操作层面风险防范的困局和短板。本文基于机动车辆保险诉讼案件的实证分析,在深入阐述机动车辆保险业务操作风险具体形式及产生原因的基础上,提出防范和控制车险业务操作风险的具体对策,对规范并有效降低车险业务操作风险进行有益的探讨。

Insurance litigation cases, where motor vehicles are the subject insured, have been growing fast in numbers in recent years. In most such cases, the insurers lost the lawsuits, the result of which reflected the difficult situation the insurers were in and the disadvantages they had when they try to control the operational risk derived from motor vehicle insurance. Based on empirical analysis of motor vehicle insurance cases, this study explores the categories and causes of operational risk derived from motor vehicle insurance, suggests measures to reduce and control such risk, and discusses the ways to regulate and effectively minimize such risks.