The Research Of The Establishment And Efficacy Of Electronic Insurance Contracts In Self-insurance Cards Business

With the continuous development of electronic commerce, Insurers are alsogradually introduced the application of e-commerce. On the basis of traditional paperindustry, we can take advantage of electronic commerce. Different insurancecompanies make use of network platform to generate electronic products of insurancecontract for different consumer groups according to its own characteristics. At present,there are two kinds electronic insurance contract.The self-service insurance card has the advantages, such as cost saving,convenient, at the same time it also can produce some controversy and disputes. Thisarticle studies the establishment and effect of the self-service card and researches theself-service card transactions and activation. The self-service card transaction is thereservation contract of the insurance contract. The trading of self-insurance cardsexists, is for setting up the insurance contract. And the self-insurance contract isgenerated by activating the electronic card. Among the reservation contract, the natureof the cost of the insurance card impacts the return the cost or not directly. In thispaper, it is characterized as prepaid premiums. In case the insurance contract isn’testablished, the insurer needs to refund premiums received in advance. However,policyholders need to pay a reservation fee to bear liability for breach; the amountshould be clearly stated in the insurance cards or product manual.Activation insurance card is the obligation which the two parties promise toagree the contact in the reservation，the applicants or the card holders should activatethe activation insurance card in the efficient deadline which the two parties agreedwith. When the agent of the card holders or themselves activate the card， theinsurance progress setting by insurers to the explanatory obligation of insurancecontract，if it accords with the stipulation of Insurance Act，which determines theefficacy. However, in practice there is some situation that the insurance salesmaninitiates or accept card holder`s authorization, to substitute to activate the insurancecard, this efficacy of the two parties agency directly affect the compensation or notafter the accidents happen. Terms of content formats such as insurers set limits on occupational categories, rules and disclaimers, such as start time insurance obligationsunder the instructions for coping with the Insurance Law, the effect of theseprovisions for validity of the insurance contract influence. When these provisionscannot explain the way enough to cause the insured’s attention, while insurance afterthe accident to generate electronic insurance policy, the insurance company shouldbear the legal consequences of failure to fulfill the obligations described.In current practice, making the controversial issue clearly is important for thedevelopment of the insurance business. Finally, the paper raises some law suggestionto promote the healthy development of self-insurance cards business, such as thelegislative department shall develop effective laws and regulations to cover theinsurance business electronic vacancies as soon as possible. As the insurer itselfshould increase self-management and restraint, while in terms of the development ofthe format, it should accept the guidance and supervision of the insurance supervisorybodies. The insurance supervision departments and government agencies areparticularly significant for setting insurance; developing processes the insurancecontract and post-audit and managing the various processes, providing effectiveguidance if necessary. Solving these problems is important for the development of theinsurance industry and consumers.