Third parties’ rights and insurers’ defences in liability insurance in Chinese law and judicial practice

Abstract

This article examines the Chinese law in respect of third parties’ rights against insurers and insurers’ defences on claims brought by third parties in liability insurance. The article considers whether injured third parties receive sufficient protection by the operation of the Chinese Insurance Law and judicial practice, and demonstrates that existing law does not provide third parties with sufficient protection in the event of the insured’s insolvency, death or disappearance. The article recommends that where such an event occurs, rights should be conferred upon third parties against liability insurers. Moreover, the article identifies a lacuna in Chinese Insurance Law in respect of insurers’ rights to rely on defences to the third parties’ actions. Finally, a number of ambiguities in art 65 of the Insurance Law and in judicial rules are identified and clarified.

More information

Identifiers

ORCID for Liang Zhao: orcid.org/0000-0003-1299-1000

Catalogue record

Export record