车辆无偿出借中商业第三者责任险的保险责任——以郑某与中国太平洋财产保险公司保险合同纠纷案为例-insurance liability of commercial third party liability insurance in vehicle free lending a case study of zheng mous insurance contract dispute with china pacific property in.docxVIP

1 1 2 2 Abstract The accident occurred when the borrower drive the car which was borrowed free of charge. The borrower shall bear the liability for compensation to victim in accordance with the law. But the owner does not bear the liability for damage, because he has not any error in the vehicle loan. Then, whether the insurer shall bear responsibilities of commercial third party liability insurance of motor vehicles? This problem has caused controversy in practice. Some courts think the subject-matter insured of liability insurance is the insured shall bear the liability for compensation to third person. The insurer does not bear responsibilities of commercial third party liability insurance, if the borrower is not the insured who was recorded in the contract and the owner (the insured) does not undertake the liability for compensation. But some court held that insurer of commercial third party liability insurance underwriting the vehicle side shall bear the liability for compensation to others. So the borrower is the insured of commercial third party liability insurance of motor vehicles. In other words, insurer shall bear responsibilities of the commercial third party liability insurance. Therefore, we have to analyze the insurance coverage of commercial third party liability insurance of motor vehicles. In this paper, the analysis of ideas in general can be divided into four steps. The first step writer introduced a case and concluded the focus of controversy. The second step analyses disputes of the case and states opinions of author on the focus of controversy. The third step draws a conclusion of the case based on the analysis of the above. At last author analyzed the problems caused by such cases and proposed schemes to solve these problems. Besides foreword and epilogue, this article is divided into six parts. The first part introduced the case and concluded the focus of controversy. The case has three controversial focuses. Firstly, how to determine the ex