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我国《保险法》第三十一条作出了不利于保险人解释的规定,该条款也被称为不利解释条款。作出这样规定的初衷是为了保护处于弱势的别保险人的,防止保险公司利用制定格式条款而损害被保险人的利益。但是在实务中此条款往往被法院和仲裁机构滥用,不考虑合同的其他解释原则,优先才有不利解释原则,作出不利益保险人的判决,损害了保险公司的合法利益。
Article 31 of China’s Insurance Law has made provisions that are unfavorable to the insurer’s interpretation and is also referred to as unfavorable interpretation clause. The original intention of making such a provision was to protect the underprivileged insurers and prevent the insurer from using the terms of the form to undermine the interests of the insured. However, in practice, this provision is often abused by courts and arbitration institutions. Without considering other principles of interpretation of the contract, priority is given to unfavorable principles of interpretation, judgments made by unfair insurers and damage the legitimate interests of insurance companies.