保险责任范围与免责条款的关系界定

Definition of the Relationship between Scope of Insurance Liability and Exemption Clause

界定保险责任范围与免责条款的关系对保险法第17条和第19条的适用至关重要。保险责任范围与免责条款之间并非简单的包含关系,还应包括原因关系等情形。有时保险责任范围和免责条款之间呈现此消彼长的关系,这可以理解为保险责任范围和免责条款之间存在互动关系。司法实践不仅应当关注显性的免责条款,也应注重对保险责任范围不当限缩的调整。

Defining the relationship between the scope of insurance liability and the exemption clause is essential to the application of article 17 and 19 of the Insurance Law. The relationship between the scope of insurance liability and the exemption clause is not a simple containment relationship, but also includes the reason relationship and so on. Sometimes the relationship between the scope of insurance liability and the exemption clause is contradictive, in other words, there is an interactive relationship between the scope of insurance liability and the exemption clause. Judicial practice should pay attention not only to explicit exemption clauses, but also to the adjustment of improper limitation of insurance liability.