A Research on Different Third- party Claim Rights for Insurance Benefits——With a Focus on Article 65 of the Insurance Law

The Article 65 of the Insurance Law regularizes different third party claim rights for insurance benefits in accordance with different types of liability insurance. According to the strength of third party interest,liability insurance can be divided into mandatory liability insurance,altruism liability insurance and general liability insurance. In mandatory liability insurance,the third party can directly obtain claim right for insurance benefit in accordance with provisions of special laws. In altruism liability insurance,the third party can exercise claim right for insurance benefit according to terms of the insurance contract. Parties to the insurance contract can alter or rescind the term through mutual agreement before the occurrence of the insured event. In the case of general liability insurance,only when the damage to the third party has been determined and where the insured is negligent in making request,shall the third party have the right to directly request the insurer to pay the insurance benefits for the damage with respect to which the third party shall be indemnified. The claim rights for these three types of insurance benefits are set in accordance with the strengths of third party interests. The future construction of liability insurance system in our country should further strengthen their distinction and on this basis improve the system of third party right to claim insurance benefit.