Research On The Legal Problems Of Risk Allocation Of Life Insurance During Underwriting Period From The Perspective Of Cases

Contract of insurance especially life insurance contracts often have a certainunderwriting period. In the period, before the insurer issues an insurance policy, theinsurance applicants usually have to bear their own losses when the insuranceaccident occurs. However, the insurer will not assume responsibility for it aftercharged premium. The insurer claims the insurance contract is not established becausethe underwriting unfinished，which fails the reasonable expectation of the insuranceapplicant。The insurance contract is established when the insurance applicant and theinsurer reach an agreement on an equal and voluntary basis. The insurance contract isnot a practice contract but a promissory contract.Delivery insurance premium, issuing insurance policy or other insurancecertificate are the obligations when the insurance contract established, which are notthe essential elements of the establishment of the contract. During the underwritingperiod, the both parties of the insurance contract should share the burden of risk. Theunderwriting right of the insurer should not be deprived and the insurance applicantshould be guaranteed after they have delivered the insurance premium. It isrecommended to set up unconditional temporary insurance which can balance theinterests between the both parties of insurance contract and reduce the insurancedisputes. It is also suggested to apply the reasonable expectation principle, which asan "after event remedy mechanism", aims to make up for the deficiency or absence ofinsurer statement. The reasonable expectation principle, as an "after event remedymechanism", aims to make up for the deficiency or absence of insurer statement.