New Insurance Law: Truthful Disclosure Is Often The Focus Of Controversy.

　　 Truthfully inform Often become Focus of controversy

It is reported that the court of Jiangsu had investigated the trial of insurance contract dispute cases in 2009, and found that the focus of disputes in insurance cases was concentrated on the scope of the exemption clauses, whether the insurer had fulfilled the explicit obligations and whether the insured had fulfilled the obligation of truthfully telling.

According to the statistics of an insurance company, 37 of the 49 cases of insurance disputes were cases of refusal of compensation, of which half of those who refused to compensate were not informed by the insured. After closing the case, only 3 of the insurance companies were successful, accounting for 20%.

　　 New insurance law The duty of truthfully informing the insured is modified. When making a contract, the applicant should truthfully inform the applicant of the matter inquired by the insurance company. That is to say, without asking, you can say nothing. However, the insurance companies often have "other" words in the inquiry form, so the validity of this provision has become the focus of dispute between the two sides.

In addition, the insurance company said that in view of the written inquiry form of insurance companies, the policy holders often hold the view that they have been informed by oral information, and whether the applicant's oral notification is effective or not is also controversial.

In the life insurance, the insurance company asks the insured to undertake the physical examination before underwriting. When a dispute arises, the insured party considers that he has passed the physical examination, and the insurance company has no reason not to claim compensation. Whether the physical examination can verify the truthful disclosure of the insured, the law needs to be clear.

Moreover, in accordance with the provisions of the new insurance law, the insurer has the right to terminate the contract if he fails to perform the obligation of truthfully disclosure intentionally or because of gross negligence, which is sufficient to affect the insurer's decision whether to agree to underwrite or raise the premium rate.

It is reported that some insurance companies refused to compensate the insured on the grounds that they did not truthfully inform the court. The court asked the insurance company to provide the underwriting rules to prove that the insured was not truthful enough to inform the insurance company to underwrite the insurance company. Whether the court can examine the insurance companies' underwriting rules is also puzzled by insurance companies.