The Insurer’s Obligation Of Explanation In Online Insurance

The specialty of online insurance is due to lacking of face-to-face explicit explanation tothe applicants as in the traditional ways. Thus, it requires the insurer to provide the downloadlink to the insurance policies and also give written explanations of exception clauses in whichthe average people could understand. However, this insure procedure whether can be regardedas completed the obligation of explicit explanation or not, is now in dispute.Under clause17of Insurance Law, it requires the insurer to alert the applicants of these important issues, alsoto provide an oral or written explanations of the exceptional clause.This dissertation beginswith a case study and analyses the legal provisions and performance of the duty of explicitexplanation. There are three main points as follow:First, The performance of the prompt obligation not only requires to provide and alert thelink to download insurance policy, but also needs to emphasis the importance of reading thepolicy clauses and the legal consequence of confirming the insurance declaration. Where theapplicant confirms the information implies that the insurer has already fulfilled the obligationof explicit explanation, the effectiveness should be allowed by the court. Even though theoperation like checking or clicking should be regarded as a represent of the applicant’sintention.Secondly, The performance of the explanation obligation requires written explanation ofexceptional clause. To the ordinary exceptional clause, it requires explicit written explanation.To those contains forbidden situations under laws or regulations, which the applicant shouldknow, the insurer has no need to provide further explanations.