Study On The Insurance Estoppel System

Estoppel is a more mature system of common law systems. It plays an importantrole in the Anglo-American contract law. In20th century, the legal profession inresponse to the increasingly strong the plight of the insurers within the insuranceindustry, on the basis of the contract generally estoppel developed insurance estoppel.At present, major countries recognized insurance estoppel system. The Insurance Act,as amended in2009, also provided the system of insurance estoppel. However,China’s insurance estoppel system has been introduced in2009. However, theintroduction of still had shortcomings and deficiencies. This makes the nextlegislative amendments becomes necessary.This article is divided into four parts, each part of the main content is as follows.The first part introduces insurance estoppel system connotation. It starts with thetype of insurance estoppel, and respectively introduces the promissory estoppel andequitable estoppel’s concept and system the basic theoretical issues. And during theprocess compares the estoppel with the insurance etoppel. Obtained insuranceestoppel has two. The first is main obligations limited to insurers. And the second isconstitute the elements of criteria for judging the objective of theseThe second part focuses on the root causes of the insurance estoppel ‘scharacteristics. The article discusses this question from two dimensions. Theinsurance industry’s development process, and the social attitudes change. That in thedevelopment process of the insurance industry two special cases appeared, one is theinsurance relationship between the parties strength widening gap and the other is theinsurance business professional has improved. It is these two cases require the systemto respond to this. In the insurance industry, a special concept of equality and honestygradually formed. It also requires the system to make change.The third part is the evaluation of China’s2009Insurance Act. Based on the twotheoretical basis, points out the progress and shortcomings of the2009Insurance Act.The fourth part makes some suggestions about how to improve the system of insurance estoppel. The article thinks it need to introduce equitable estoppel, andmake the excluding rules of insurance estoppel clear.