The Study Of "Insurance Blank Period" Of The Insurance Liability

The insurer accepted the insurance application of the the insured and charge the insurance premium,during the period of has not yet agreed to accept insurance, the insurance accident happens.Whether the insurer will liable to pay? "Insurance blank period" is closely related to conclude insurance contract process,the advance premium of insurance company and the reasonable expectation of policy-holder\insurant leads to "insurance blank period" controversy. At the same time, the insurer procrastinate underwriting make" insurance blank period "disputes intensified. The insurer’s refusal to pay the insurance accident that occurs in " insurance blank period" leads to the reasonable expectation interests of policy-holder and insurant cannot be guaranteed. At the same time, insurance company claims rejected behavior also damage the reputation of the insurance industry. The insured thinks he has paid the insurance premium,he has fulfilled the main obligations under the insurance contract,whether complete the underwriting insurance company is the company’s internal problems, so the insurance companies should fulfill its obligation to pay for the insurance accident occurs in "insurance blank period". But from the insurance company’s opinion, advance premium is the international insurance industry practice, the insurance company have the right to underwriting, before the insurance company has not agreed, and the insurance contract is not established, so the insurance company shall not be liable for " insurance blank period" claims.From the perspective of protection the rights and interests of policy-holder and improving the insurance industry reputation, trying our best to protect policy-holder and insurant’s interests in the "insurance blank period" has reached a consensus in the national academic circles and judicial practice and formed a mature system. The theory basis is reasonable expectation principle and theory of consideration. Because the policy-holders have paid the premium of the insurance, so they think they have the right to have the insurance cover. The insurers earned the interests of premium,so they should bear the corresponding insurance responsibility at the same time.Outside theory of "insurance blank period" and related system has the extremely reference value to our country of solving "insurance blank period". Domestic academic circles reference the other country theory research and put forward a variety of solutions to solve "insurance blank period" from the different angles of law of contract, set up temporary insurance System and the effect of the contract of insurance.The supreme people’s court on the basis of summarizing the district court opinions and drawing the lessons from the civil law countries’retroactive insurance system, released The second explanation of some issues on the applicable of insurance law of the People’s Republic of China in May 2013, trying to provide the basis to solve the" insurance blank period " compensation case, but which is not comprehensive and detailed, and only is the judicial interpretation, still can’t in the aspect of legal system to solve the problem of insurance blank period " completelyThrough the analysis of the theory of solving "insurance blank period" and related system at home and abroad, build the mandatory temporary insurance system become the ideal choice of solving "insurance blank period" comprehensively. By comparing the two modes of mandatory temporary insurance system and voluntary temporary insurance system, mandatory temporary insurance system more in line with China’s status quo of rapid development of insurance market from junior to senior, and in line with the world mainstream insurance market’s means to deal with "insurance blank period". Mandatory temporary insurance system can standardized the insurance liability of "insurance blank period" comprehensively and completed the deficiencies of Insurance law judicial interpretation two, article 4.By setting the mandatory temporary insurance system in the insurance law, not only can effectively guarantee the legitimate rights and interests of policy-holder and insurant in"insurance blank period", and can effectively improve the insurance industry business image and social reputation, and conducive to the healthy development of insurance industry.