Research On British Marine Insurance Fraudulent Claims Law Questions

The cases of fraudulent claims frequently occur in the field of marine insurance.Britain is a leading country in the study of fraudulent claims. The fraudulent claims aren't prescribed in Marine Insurance Act 1906. Thus, the judge tends to solve cases of fraudulent claims with the principle of utmost good faith in the obligation of post-contractual. When Insurance Act 2015 was enacted, the fraudulent claims system is stipulated in clauses 12 and 13.The 12 and 13 clauses make a new stipulation of fraudulent claims that independently exist rather than rely on the obligation of post-contractual utmost good faith. Further, the problem that interim payment should or not be return is determined by law. The legal liability has been more reasonable division in 12 clause Insurance Law 2015.It is better that to protect the interest of the parties to an insurance contract. The fraudulent claims of group insurance has been clear regulation in 13 clause of Insurance Act 2015,the clause can be better to protect the rights of the insured and other related person.The fraudulent claims system's regulation is not comprehensive in Insurance Act 2015.The law doesn't has clear regulation in fraudulent claims meaning result in it cannot be qualitative clear in some special cases. And from the view of system integrity, the meaning of fraudulent claims not clear is not benefit to fraudulent claims the system development. And the problem of special standards of fraudulent claims has not been solved though clear regulation of Insurance Act 2015. The problem is just rely on judges discretionary in practice. It's not benefit to the system application. And the meaning of fraudulent claims system has not clear regulation in China's law. Besides,how to deal with the problem of some insured and other related person in group insurance making fraudulent claims has not been regulation in China's law.The author has suggestion that add the regulations of fraudulent claims of group insurance in China Insurance Law. The special regulations can be make according to reference the 13 clause in British Insurance Act 2015.And it should be clear that the fraudulent claims of group insurance not only apply in personal insurance but also apply in property insurance. To make the fraudulent claims more perfect, the insurer make fraudulent behavior to insured and other related person should have civil remedies .It should be stipulate in China Insurance Law. This method can make comprehensive protect to insured and other related person rights. Besides, the meaning of fraudulent claims need more clear regulation in theory area to satisfy the requirement of system integrity. That can help the special cases qualitative and is benefit to development of fraudulent claims system.