On Inform Obligation Relating To Chinese Marine Consumer Insurance And Non-consumer Insurance

Recently,a reform movement of insurance law was launched in Britain.Consumer Insurance(Disclosure and Representations)Act 2012 and Insurance Act 2015 make some stipulations in Marine Insurance Act 1906 be no longer in force.The two laws establish a dual-system of consumer insurance and non-consumer insurance,and change the generally applicable unlimited informative obligation.There is the world's most thorough insurance system in Britain.And to a great extent,Chinese marine insurance law is reference for the law of Britain.Therefore,the reforming trend of marine insurance in Britain is a great question for study.For this purpose,this paper is to discuss whether or not China should introduce the concepts of consumer insurance and non-consumer insurancein the system of marine insurance.The primary difference of consumer insurance and non-consumer insurance is the difference of pattern of disclosure.By researching different patterns of disclosure,combining Chinese judicial cases and a large number of academic point of view,the first part of this paper analyzes the existing problems about the inform obligation of Chinese marine insurance.The second part,through researching British insurance law,legal reform report and cases of marine insurance,expatiates the reformation of inform obligation in British consumer insurance and non-consumer insurance.This part introduces the details of disclosure asked for by the insurer in Consumer Insurance(Disclosure and Representations)Act 2012 and duty of fair presentation in Insurance Act 2015.The third part analyzes the significance of British consumer insurance and non-consumer insurance and the necessities of establishing the dual-system in China.From the perspectives of substantial law,procedural law and sociology,this paper also discusses the theories of consumer insurance and non-consumer insurance.Through analyzing the definitions of British and Chinese insurance consumers,the forth part explains the concept of marine consumer insurance and analyzes severalspecific marine insurance,such as yacht insurance,personal accident insurance of seaman and personal accident insurance passenger by sea.Finally,this part demonstrates how to build the pattern of disclosure of marine consumer insurance.The fifth part explains the concept of marine non-consumer insurance and this part discusses how to build the pattern of disclosure of marine non-consumer insurance.Under the influence of duty of fair presentation,the inform obligation of China marine insurance should be repositioned.