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The Supreme People'S Court Has Drawn Up The Judicial Interpretation Of The New Insurance Law.

2010/11/4 14:22:00 70

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Judicial Interpretation Of The New Insurance Law Of The Supreme People'S Court

Insurance company

How does the exemption clause make a clear statement of obligation? Is death declared to be insured by the term of insurance? When does the longest claim time limit for 30 days be calculated, is it all right?

During the seminar on insurance law and practice held by the China Insurance Industry Association and the Guo Hao law firm in October 29th, the reporter learned that there were many doubts about the implementation of the key clauses in the revision of the new insurance law for a year.

It is reported that the highest

People's court

New insurance law has been enacted.

judicial interpretation

At present, the industry is soliciting opinions.

How to prevent fraud by incontestable clause

New insurance law

The sixteenth rule is, "since the insurance company knows the reason for lifting the matter, it will not be eliminated for more than 30 days, and the insurance company shall not terminate the contract for more than two years from the date of the establishment of the contract."

This is an important amendment made by the new insurance law to protect the interests of the insured and the insured.

At the seminar, the insurance company believed that in accordance with this provision, if the claim was made within two years after the contract was put into effect, but after two years of application for compensation, or if the applicant was intentional or fraudulent, the rescission right of the insurance company would still be subject to two years' restrictions, which is not conducive to the prevention of fraud.

For example, if the insured suffers from a serious illness, he will apply for compensation after two years after the contract has been established. What is the insurance company?

In addition, the insurance company must notify the applicant when cancelling the contract.

Under the circumstances of the death of the insured and the existence of multiple legal successors, is it necessary for the insurance company to notify every statutory heir? How can the insurance company fulfill the obligation of notification when the legal successor is not able to be determined? How can the insurance company fulfill the notification obligation when the insurer is unable to contact? These are the difficulties encountered in the implementation of the incontestable clause.