On the Assumption and Exemption of Defense Costs in the Liability Insurance——A Dogmatic Analysis of Article 66 of Insurance Law of China from the Perspective of Liability Determination Costs
Due to perspective-binding effect caused by the usage of legal terminology,the research into defense costs and the duty to defend has been long separated.The end of such separation can only be achieved by resorting to the introduction of the perspective of liability determination costs.From the perspective of liability determination costs,defense costs cannot be categorized as loss-reduction costs or loss-survey costs,but a different form of liability determination costs at the legal level just as the duty to defend.If Article 66 of Insurance Law of China is examined from such perspective,major legal loopholes can be found.By determining the nature of Article 66 of Insurance Law of China on basis of this,it is able to consider it as a discretionary norm.Additionally,because the defense costs and the duty to defend are two facets of liability determine costs,the actual discretionary space of"otherwise agreed in the contract"in Article 66 of the Insurance Law of China is closely related to whether the insurer bears the duty to defend.
Liability InsuranceDefense Coststhe Duty to DefendStandard Clauses
万方数据
