北京金融法院：保险机构应针对新业态特点优化保险产品供给

Core Viewpoint - The Beijing Financial Court has highlighted the complexities and challenges in the insurance disputes related to new employment models, emphasizing the need for improved protection of laborers' insurance rights and the necessity for systemic reforms in the insurance industry [1][2][4]. Group 1: Insurance Dispute Statistics - Since its establishment in 2021, the Beijing Financial Court has handled 1,796 insurance dispute cases, with a total amount exceeding 2.188 billion yuan, of which 15.92% are related to new employment model laborers' insurance rights disputes [1]. - The main types of disputes in new employment model insurance cases include accidental injury insurance contract disputes, employer liability insurance disputes, and insurer subrogation disputes [1]. Group 2: Issues in New Employment Model Insurance - There are significant issues among multiple parties involved, including internet platforms, third-party employers, insurance institutions, and laborers, with internet platforms often shifting labor costs and responsibilities [2]. - Some platforms force laborers to purchase specific insurance products, infringing on their right to choose and potentially leading to duplicate insurance coverage [2]. - Third-party employers sometimes fail to pay social insurance as required or opt for limited commercial insurance instead of social insurance [2]. Group 3: Challenges Faced by Insurance Institutions - Insurance products often lack adaptability to flexible employment scenarios, and institutions face challenges in actuarial modeling, differentiated clause design, and dynamic rate setting [3]. - There are prevalent issues of "easy entry, strict exit" in new employment model insurance, with some institutions using technical exemptions and vague clauses to evade responsibilities [3]. - Laborers generally have insufficient awareness of insurance and weak rights protection capabilities, complicating the identification of facts and adjudication [3]. Group 4: Court Initiatives and Recommendations - The Beijing Financial Court has implemented a "penetrating" trial approach, thoroughly examining the parties, funds, and transaction structures to ascertain true contractual relationships and legal responsibilities [4]. - A specialized tribunal for new employment model insurance disputes has been established, along with a research team focused on insurance policies, enhancing the precision and professionalism of case handling [4]. - The court recommends that insurance institutions optimize product offerings for new employment characteristics, while platforms should enhance laborers' rights protection and laborers should improve their risk awareness and rights protection capabilities [4].