On the nature and conditions of the right of direct claim of a third party in work safety liability insurance
WANG Feimin
DAI Xian
Abstract：A liability insurance contract is a typical contract for the interests of the third party.Granting the right of direct claim to injured third parties is an objective requirement and inevitable trend in the development of the legal system of liability insurance.Article 15 of Implementation Measures for Work Safety Liability In-surance follows the second paragraph of Article 65 of the Insurance Law and attaches conditions to the exercise of rights for the third party.The attached conditions are that the insured's liability for a third party is deter-mined and the insured's reluctance to request the insurer to assume responsibility,which is the embodiment of adhering to the principle of relativity of contract and separation of traditional insurance law,and the condition that neglecting to request is the result of embodiment on the creditor's right of subrogation,which is inconsis-tent with the intent of legal norms and nature of the direct claim.The direct claim is a statutory independent claim right.In order to simplify the cost of exercising the right,there is no need to set the above two condi-tions as constituent elements,and it should be recognized that the direct claim of a third party arises naturally at the time of the damage accident.
Keywords：work safety liability insurancea third partythe right to request directlylegal rights saycondi-tions of exercise
Publication Date：2023-12-28
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：6( 99-104 )