Query Interpretation and Applicable Prospect of the Liability Trigger Mechanism of Chinese Physician Liability Insurance

The liability trigger mechanism of physician liability insurance includes the occurrence basis and the claims-made one. In order to balance the interest relationship between the insurer and the insured,in the occurrence basis,the implication of insurance accident should be clear,the occurrence time-point of insurance accident and insured liability should be differentiated,and the claiming time-point of insured liability should be restricted with the discovery period or reporting period. But in the claims-made basis,the occurrence time-point of insured liability should be restricted with the retroactive date which is different from the insurance period,the extended reporting period should be set for extending the claiming time-point of the insured liability according to the different reasons. The physician liability insurance in China,which is still in its early stages,should engage primarily in the claims-made basis to underwrite the physician's practicing risk in general and also be supplemented by the occurrence basis so as to offer the specific protection for the certain physicians.