基于对某保险公司IDI保单条款解读的工程质量潜在缺陷保险属性分析

Attributes Analysis of Inherent Defect Insurance Based on Interpretation of IDI Policy Terms about an Insurance Company

工程质量潜在缺陷保险已在我国部分地区试点,并逐步推广。但在实践中该保险采用责任保险、保证保险多种形式,两个险种有相互混淆的情况。以该保险的具体责任险条款为分析对象,发现其中存在保险责任设定不明、风险转嫁无效、保险人代位追偿对象与投保人购买动机冲突等矛盾之处,并指出引发矛盾的根源在于险种选择的错误,以责任保险之名行保证保险之实。鉴于工程质量监管中对责任方必须承担责任后果的要求,与该业务仍处于发展初期的实际情况,认为以保证保险形式推广更符合保险行业、建筑行业乃至全社会利益诉求。并从保证保险的担保属性,保险公司参与实现工程质量监管社会化,以及非融资性保证保险符合银保监会监管要求等方面论证IDI保证保险存在且发展的合理性与重要性。

Inherent Defect Insurance has been piloted in some regions of my country and gradually promoted. However,in practice,the insurance adopts various forms of liability insurance and guarantee insurance,and the two types of insurance are confused with each other. Taking the specific liability insurance clauses of the insurance as the object of analysis,it finds that the insurance liability setting is unclear,the risk transfer is invalid,the insurer’s subrogation object is in conflict with the policyholder’s motive for purchasing,etc. And it is pointed out that the source of the contradiction lies in the mistake on the choice of insurance types. In view of the project quality supervision requirements and the actual situation that the business is still in the early stage of development,promotion in the form of guaranteed insurance is more in line with the interests of the insurance industry,the construction industry and even the whole society. It also demonstrates the rationality and importance of the existence and development of IDI guarantee insurance from the aspects of the guarantee attribute of guarantee insurance,the participation of insurance companies in realizing the socialization of project quality supervision,and the compliance of non-financial guarantee insurance with the regulatory requirements of the China Banking and Insurance Regulatory Commission.