Study On Responsibility After Insurance Accident In Blank Period

In our country, usually "blank period" is called from the period of time whenthe insurance company receives advance payment of insurance premium to theperiod of time before the formation of the contract. During the insurer underwriting,accident happened which was belong to the scope of insurance liability, in this timethe policy-holder wanted to draw to the insurance company for compensation, butthe insurance company refused to pay compensation because they assumed theinsurance contract was not formed. So the problems of insurance accidentresponsibility in "blank period" appeared. Between2001and2004, the contractdispute case (hereinafter referred to as the “xincheng company”), rose theunprecedented attention of the insurance industry. Then such cases occurredfrequently. Therefore in recent years, with the deepening of China’s insurance lawtheory research, the article points out that the insured and the beneficiary in “blankperiod” should be given interests gradually. At the same time, because of China’sinsurance business market competition, many companies increased voluntarytemporary security rules, such as the cover note, the temporarily commitmentand so on. In2013, the Supreme People’s Court issued the document calledInterpretations of Several Issues Concerning the Application of The People’sRepublic of China Insurance Law (Two)(hereinafter referred to as “the interpretationTwo of insurance law”), and the fourth section is stipulated some provisions inprinciple, provides the basis to insurance “blank period” compensation cases. Thissection is to protect the insurer underwriting rights as the core, to construct the“meet the underwriting conditions” as the premise presumption of an insurancecontract established rules.But compared with the western countries and the area’s insurance legislationand judicial about problems in “blank period”, insurance accident treatment in ourcountry has many problems. Therefore, this article is based on the study of thetheory of insurance law research and draw lessons from some perfect insurance “blank period” governance rules, to put forward the blank period insurance liabilityrule,amendments, and to introduce to the disadvantages.The full text is divided into six parts as following:The first chapter firstly explains the theoretical problems of “blank period” ofinsurance liability. On the on hand, determine the extent of insurance “blank period”,on the other hand, analysis the relationship between the insurance “blank period”liability and the establishment effect of the insurance contract. Clarified therelationship is the premise to solve “blank period” of insurance liability. At the sametime through the “xincheng case”, I think about existing problems in “blank period”.One problem is how to determine the time of conclusion of the insurance contract,the second is whether insurance premium is the element of the insurance contract’seffect, three is what nature the advance payment of insurance premium is.The second part carries on the summary to the insurance liability legislationstatus in “blank period”, focusing on current problems in present legislation andtheory as well as the fourth section of “the interpretation Two of insurance law”. Theissues include: temporary commitment and temporary insurance lack of legislationsupport; When the insurance accident happens after the insured pay advancepremium, the insured cannot get temporary insurance, but only the contract ispresumed to set up in accordance with the underwriting conditions.The third part mainly elaborates the responsibility of “blank period" insurancerules of governance overseas and abroad, including temporary insurance,compulsory insurance rule, forced temporary insurance rules and rules ofretrospective insurance.Finally, the fourth part, according to more perfect solutions of the problems in“blank period” outside and abroad, the article is to set the rules in line with thenational conditions. First of all, put the presumption of insurance into legal norms,with appropriate references to the reasonable anticipation principle. Secondly, drawlessons from foreign legislation about in “blank period”, use appropriatelytemporary insurance mandatory rules, in order to improve the current legislation ofliability insurance bears in “blank period”.This article discusses issues related with insurance liability in “blank period” through the methods of empirical analysis, comparative analysis and case study. Inthe interests of insurer and the insured balance as the starting point, we would putforward the rules and methods of processing the problems of insurance liability in“blank period”, so as to be helpful for the long-term future of the insurance industry.