Relationship Between Termination Of Insurance Contract And Exemption From Obligation Of Compensation

This paper quotes a case of life insurance contract dispute, takes the dispute that the case reflected as main line and analyzes how to affirm a person running counter to truthfully informing obligation, the relation between physical examination and informing obligation from the perspective of policy-holder fraud. On the basis, the thesis expound the relation between termination of insurance contract and exemption from obligation of compensation. After analyzing and demonstrating the dispute on the basis of dissecting the case, the paper comes to some conclusions and gives some suggestions about how to take precautions against and resist the problem that policyholders breaking faith.Besides concluding remarks, the paper contains three big parts.Part A: describing a case and summarizing the disputes. The paper takes a life insurance contract dispute between Mrs. Chang and New China Life Insurance Pingdingshan Branch Company. The case has been sentenced by Henan Province Pingdingshan City Weidong District People’s Court. On the basis of analyzing the case, the author concludes three disputes. First, how to affirm if policyholders go against the truthfully informing obligation. Second, whether physical examination before insuring can relieve policyholders’ duty of reporting. Third, if policyholders defraud insurers obviously and insurers don’ t terminate contract beyond deadline termination, should the court support the claims of policyholders according to article 16 of insurance law and article 8 of insurance law judicial interpretation? When policyholders go against the truthfully informing obligation, if the termination of insurance contract is be considered as a prerequisite for exemption from obligation of compensation.Part B: analyzing three disputes of the case from the perspective of the jurisprudence and law. The part is the paper’ s major component. First of all, affirming if policyholders go against the truthfully informing obligation. Weidong District People’s Court doesn’t convince whether the policyholder Mr. Chang violates the truthfully informing obligation. To make up the negligence, the thesis applies the theory of the truthfully informing obligation and the legal requirements into the case. In the end, the author comes to the conclusion that Mr. Chang goes against the truthfully informing obligation. What’s more, whether physical examination before insuring can relieve policyholders’ duty of reporting. The central issue can be treated as the follow-up of the first issue. The plaintiff Mrs. Chang, the beneficiary of the insurance contract, believes that Mr. Chang has accepted the physical examination before signing the insurance contract with the insurance company, so the truthfully informing obligation should be relieved. There is no related legal regulation in current law. Weidong District People’s Court leaves the plaintiff’s question unsettled. To make the problem clear, the paper analyzes the origin of the physical examination before insurance, related prescripts of current law system and necessities of the physical examination before insurance. Ultimately, the thesis concludes that the truthfully informing obligation can’t be excused even if the insured is be physically tested. Last but not the least, when policyholders go against informing obligation, while insurance companies can’t perform their legal right of terminate insurance contract, if insurance companies must take termination of insurance contract as the prerequisite for exemption from obligation of compensation, how do insurance companies safeguard rights and interests? It is the key and knot to the paper. Former two focal issues can be regarded as the foreshadowing to the question. If insurers can break through the limit and obstacle of related law and judicial interpretation to stop policyholders taking improper rights? The author thinks that it is impossible to break through legal regulations and choosing other methods may be work. The paper analyzes those methods and their possibilities in theory and practice.Part C: research conclusion. After summarizing conclusion of disputes in part B, the author expands thinking in this part and analyzes the risk that insurers are facing in current law system. The part points out some problems existing in our country. First, insurance law protects insurance consumers’ interests excessively while provides insurers such a few ways to relieve that their legitimate rights can’ t be protected. Second, policyholders have chance to cheat because of insurance companies’ disadvantages such as low- effective internal management, lack of control of risk and terrible insurance skills. What’ s more, imperfect social credit system and policyholders’ weak consciousness of social responsibility encourage policyholders’ dishonest action and don’ t make insurance produce its marked effect at its largest extent. Aiming at these problems, the paper offers some suggestions combining with the case. Hope current situation and problems can be improved a little with the paper’ s help.