An Analysis of Exclusion in Compulsory Liability Insurance in Environmental Pollution

Considering the protection of the victim’s interest and balance of different parties, we should make restriction explanation for the content of exclusion in compulsory liability insurance in environmental pollution. Only when the irresistable natural disasters are the sole root and enterprises have taken reasonable measures can the insurance companies see their liability exemption. Besides the damage suffered by the "third party", the liablity for the damage in environmental pollution is also in the scope of exclusion. Therefore, the relief fund for environmental pollution should be set up and hence is used to relieve the damage to persons or to properties caused by immergency disposal in certain limited amount. The "environmental pollution crime" in exclusion is only confined to intentional offense. In the environmental pollution crime caused by negligence, the insurer should pay the insurance benefit in proportion according to the enterpreses’ fault degree. The pure economic loss and liability insurance for the damage to ecological environment are in the scope of deduction. If the enterprises committe the environmental pollution crime, the insurer has the right to recover from the enterprises after it has paid the expense for the emergency disposal and clearance of pollution.