Research On Incontestable Clause In Insurance Law

The incontestable clause, which arisen100years ago, does not have a long history. But increasingly it occupied an ignored role in insurance laws of many countries. The incontestable clause aimed at the balance of rights and obligations of both parties of the insurance contract by restricting the right to terminate a contract. Insurance Law which was revised in2009also stipulated the incontestable clause, aimed at protecting the interests of the insurer. But in China, the theory study of the incontestable clause is few, and the problems of the insurance industry were complex. All of these made the practical application of the incontestable clause was not as well as expected. Under this background, the theory and application of the incontestable clause was the emphasis of this paper.This paper was divided into four chapters. The first chapter elaborated the meaning of the incontestable clause. In this chapter, I analyzed the legislative purpose and value of the terms by reviewing the history of its development, which was theoretical basis for this paper. The second chapter introduced the status and exceptions of the incontestable clause in other countries. Through comprehending the legislation situation of the incontestable clause in developed insurance industries, especially through summarizing the exception applicable of the incontestable clause, we could further understand the value of the incontestable clause existence. The third chapter, combining the theory analysis, pointed out the deficiency of its essence and the application form, as well as the realistic problems of the application. We recognized that we had a long way to complete a set of the incontestable clause system in China clearly. We should learn from foreign advanced experience, meanwhile make the corresponding adjustment combined with national conditions, so that the terms could play an important role in practice. The last chapter of the paper was my personal suggestions and views to complete the incontestable clause in China on the basis of the theory. I wished it could be helpful to the development of the insurance industry healthily and orderly.