Case Analysis On The Dispute Of The Zhong’s Life Insurance Contract

In personal insurance practice, the insurance contract will always take a long time from the moment one insures to the time the insurer accepts insurance. However, the potential risk during this period is very huge. The policy-holders put forward the request of insurance and pay the first insurance premium, but they cannot receive the expected compensation after risks take place,which is unfair and unacceptable. With the development of insurance business in our country,more and more people begin to pay attention to insurance and keen on buying insurance. The blanking period of legislation on insurance results in many disputes in personal insurance practice,which forces the theorists to uphold the fierce discussion on the problems solutions during the blanking period.With the combination of insurance practice, insurance legislation and insurance judicial, this paper probed into the insurance blanking period problems criticized by society. With the theoretical researches on foreign laws of insurance, legislation and judicial as references, this paper began with the governing rules of the insurance blanking period, hoping to protect the policy-holders’ benefits. The main content can be divided into there parts as follows.First, through the case review and trial situation of Zhong’s contract dispute with Ping An Insurance Company, a simple introduction is made. This introduction includes the problems occurred during the blanking period and the main focus of controversy.Second, many points are analyzed based on the juridical logic, which includes the confirm of the exact establishment time of the involved insurance contract, the insurance fees received in advance, the establishment of personal insurance contract, the sign and issue of the insurance policy, and the nature of insurance liability during the period of insurance underwriting. The thinking of the responsibility during the insurance blanking period is aroused later. The comparison of governing rules between home and abroad is made.Third, according to the current situation and characters of the insurance practice in home,suggestions on the improvement of insurance blanking period governing rules in our country are proposed, on the basis of foreign governing rules as references. This paper is written with aims to bring some valuable references to the benefits protection of policy-holders, the insured and thebeneficiaries.