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Analysis Of Legal Issues Of Major Illness Insurance Contracts

Posted on:2018-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2356330542450687Subject:Law
Abstract/Summary:PDF Full Text Request
Major disease insurance is a kind of commercial health insurance.Major disease insurance was introduced in South Africa in 1983,followed by the rapid development of countries.In 1995,China's mainland market to introduce major disease insurance,has now become a more active insurance market insurance products.Major disease insurance contract refers to the insured and the insurance company signed to a specific major disease for the object of insurance,when the insured person with insured listed major diseases,the insurance company to provide appropriate compensation for the cost of medical insurance business behavior.In short,as long as the insured person suffering from the insurance clause listed in a certain disease,regardless of their own conditions or the level of treatment costs,insurance companies should be timely fixed compensation.China's current medical security system can not completely cover all diseases and diseases of urban and rural residents,and with the deterioration of the environment and economic conditions,the incidence of major diseases of individuals is on the rise,medical costs become a heavy burden,making more and more people Recognizing the importance of major disease insurance,choose to sign a major disease insurance contract with the insurance company to prepare for contingencies.It can not be ignored that the major disease insurance department is a professional insurance contract,which covers insurance,medical and legal,economic and other areas of professional terms and terms of the terms and terminology obscure,difficult to understand.The vigorous development of the insurance industry and the strict control of the CIRC also makes the insurance companies show the development trend of monopoly,insurance companies are often in a dominant position.The formulation of the insurance contract is accompanied by an endless format clause,and the insured will not normally read it carefully.The level of the insurance company's agent is mixed,in order to establish the insurance contract sometimes deliberately evasive,for the insured person's own rights and interests hidden risks.In recent years,the number of cases of major disease insurance contract disputes showed a continuous growth trend.In the process of claims,the insured,the insured and the insurance company often dispute even on the thin court.The focus of the controversy is mainly about whether the insured person's illness is a major disease,whether the insurance contract is legally enforceable,whether the insured person's successor inherits the major disease insurance claims,etc.,reflects the existence of a major disease insurance contract,The industry standard content is poorly operable,lack of legislation,judicial practice with other issues such as different issues,easy to make people a major misunderstanding of major disease insurance,feel insured easy,claims difficult.To a certain extent,both against the interests of the people,but also hindered the development of major disease insurance.Based on the real case and the problems existing in the major disease insurance contract,this paper analyzes the causes of the major disease insurance contract by combining the laws and regulations such as the contract law and the insurance law,and on the basis of analyzing the above problems,this paper puts forward the perfection of the legal system of the major disease insurance contract Countermeasures to maintain fair market transactions order to promote the healthy development of the insurance industry.
Keywords/Search Tags:Major disease insurance contract, Legal issues, Format clause explanation, Principle of unfavorable interpretation
PDF Full Text Request
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