Research On Life Insurance Agent Involving In Policy-holder Truthfully Inform Duty

In the current insurance marketing in China, the insurance agent sales model has been used as a main sales model, so the insurance agent in policy-holder disputes arising in the process of truthfully inform duty ratio is very high in all kinds of disputes. When the insured to inform the correct information, but the insurance agent to fill in error,who will bear the consequences, for many, "insurance law" did not make corresponding provisions. This paper, the causes of law practice and how to minimize the dispute controversy, gives some analysis and suggestion.First of the typical legal practice, this paper provides reference of judgments: first by two specific cases of specific analysis, and puts forward two points: the insured to truthfully inform the insurance agent, but filling in the insurance agent in the insurance application, and prevents, the induction, or negligence, in the book did not truthfully inform insurance sign, cannot be regarded as intentionally fails to perform the truthfully inform obligation. But the insured sign the not truthfully inform duty insurance application behavior, violation of the principle of good faith, the biggest can reduce the liability of the insurer. In the pattern of full pay or not to compensate the referee cannot balance the interests of the parties, whether can be ruled by certain proportion compensation. Use the ordinary "rational man" criterion, to see whether the insurer asks whether arrived in policy-holder and should be a common rational man understands. Again according to the standard of several common types of different analysis respectively.Secondly, for the agent in policy-holder truthfully inform duty analysis two main reasons: one is the information asymmetry theory, including adverse selection and moral hazard; The second is due to some policyholders’ cultural level is not high, legal awareness is relatively weak, and the agent’s own professional quality.Finally, the major proposed countermeasures from three aspects: research and development of pilot construction policy-holder recording system; The agent for the construction of credit system; Increase underwriting accurate rate.