The Incontestable Clause Of Insurance LAW

Incontestable clause, refers to the policy issued since the date of expiration of the insurant survival after2years later, if policy is still effective, unless the premium unpaid, or policy will become an argument policy. Incontestable clause originating in Anglo-American law, as the principle of utmost good faith to policy-holder is strictly the exception, it is the insurance industry to reshape integrity image played a crucial role.This paper discusses the meaning of Incontestable clause and the legislative cases of different countries, this paper sums up for all countries’Incontestable clause regulations in essence is the same, and the specific regulations exist differences, which are reflected in the defense during the starting point and time limit, and carries out a detailed analysis.Incontestable clause from the terms of the contract for the legislation of all countries gradually rise, the legislative value lies in protecting the insurant or beneficiary beneficiary trust interests, and urge the underwriter serious investigation to verify, find out the truth, improve the insurance business management level, so as to promote the healthy development of the insurance industry. In addition Incontestable clause also promoted the social security and policy of financial function.Incontestable clause is the core content of the application of Incontestable rules, so this paper discusses Incontestable clause applicable insurance and apply the reason. Incontesta be clause was originally set up in person insurance contract terms, with the development of the insurance industry, Incontestable clause the applicable scope of insurance shows the trend of widening gradually, extend to property insurance contract. But Incontestable clause to the insured’s protection level is higher, fraud is also limited to Incontestable clause become a development direction.The insurance industry in our country started quite late, the first introduce Incontestable clause is in the nanjing national government period, its development is mainly experienced zigzag and long three stages. On February28,2009Incontestable clause formally introduced legislation in our insurance law.Incontestable clause clearly written in the "insurance law" in paragraph3of article16, this undoubtedly is Chinese insurance law standard a big progress, China is the insurance law and international practice performance. However, the provisions there are many insufficiencies, once put into practice, can cause a series of problems. Therefore this paper finally try to combine the national condition of our country, put forward the suggestions and opinions, and the "insurance law"①article16made a quasi modified, in order to the development of our country’s Incontestable clause contribute humble way.