责任保险人和解参与权的行使及其限制

The Exercise and Limitation of the Liability Insurer’s Right to Participate in Reconciliation

在责任保险中,保险人给付保险赔偿金的多少直接取决于受害第三人对被保险人的索赔结果,因此,有必要赋予保险人和解参与权以控制被保险人与受害第三人的纠纷解决过程。保险人的和解参与权包括对和解过程的参与权及和解协议内容的确认权。保险人对和解协议是否认可,则影响到和解协议能否约束保险人。为防止保险人滥用和解参与权,应对和解参与权作适当规制,例如保险人负担注意义务、设置合理期间以及负担必要急救费。

In liability insurance, the amount of insurance compensation paid by the insurer depends directly on the result of the claim against the insured by the injured third party. Therefore, it is necessary to give the insurer the right to participate in the settlement to control the dispute settlement process between the insured and the injured third party. The insurer’s right to participate in the settlement includes the right to participate in the settlement process and the right to confirm the content of the settlement agreement. Whether the insurer recognizes the settlement agreement affects whether the settlement agreement can restrain the insurer. In order to prevent the insurer from abusing the right to participate in reconciliation, the right to participate in reconciliation should be properly regulated, such as the insurer’s duty of care, setting a reasonable period and paying the necessary first aid fees.