The Insurance Law Of The Incontestable Clause

Incontestable clause is to restrict the insurer, to protect an important provisions of theinterests of the insured, balance the interests of both parties. It originated in the nineteenthCentury British insurance industry rules, the United States of America " Armstrong act " forthe first time in the form of legislation established as a legal system, other insurance industryin the developed countries and regions have reference. Our country since the2009introduction of incontestable clause, not only enhanced the insured and beneficiary ’sconfidence, to protect the interests of the insured, but also for the insurance industry toestablish a credit image to promote the development of the insurance industry.Because of China’s insurance industry started relatively late in western developedcountries, the incontestable clause in our legislation has been introduced in the near future, thelaw itself and the relevant supporting systems are not perfect. Therefore, the author in the useof the professional knowledge of law and combining with the relevant insurance knowledgeand learn from some of the provisions of foreign insurance industry in developed countries tostudy the absence of incontestable clause in the legal system deficiencies and related systemof our country " insurance law " in, and put forward the countermeasures to perfect somepersonal.The first part, through the elaboration on the general situation of the incontestable clause,the main problem leads to the detailed research and analysis. The establishment of theincontestable clause on the inhibition of the insurer abuse of right of rescission, protect theinsured’s rights and interests indeed played a positive role. However, in the implementation ofmore than four years, we have also seen some problems which exist in the clause. This leadsto the following research on the causes of these problems.The second part, in view of the above questions, this part summarizes three main reasonsfor these problems: lack of system legislation shortcomings, system of supervision of theincontestable clause is not perfect and relevant supporting system, and through to our countrycan not be the cause of the problem existing in defense articles the analysis, in order to solvethese problems the foreshadowing.The third part, can solve some personal suggestions of incontestable clause the problemsof our country is not. This section on the second part of the extracted and puts forward some corresponding countermeasures. Is mainly proceed from the legislation, supervision systemand supporting system, hope to be able to not be insured and beneficiary protection defensearticles better in practice, and the development of insurance benefit.