The Insurer Explains The Obligation Practice Analysis

Insurer's Accounting Duty is a special system in our laws,it means in the course of concluding an insurance contract,the insurer shall make a clear and appropriate statement,prompt and explanation of the contract to the insured.It was stipulated in article 17 when the insurance law was amended in 2009.And then,“Interpretation of the Insurance law(2)”promulgated on June 8,2013.Its articles 9 to 13 stipulate the scope,object,content,way of performance and burden of proof etc.Although,on the legal level,we have a more detailed provision to the Insurer's Accounting Duty,which means that the Insurer's Accounting Duty is to correspond with The policyholder's Inform Obligation.However,relevant legislation still has a lot of defects.For example,the law does not specify the means and standards for the Insurer's Accounting Duty;At the same time,it is relatively vague for the time and legal liability.These issues are rarely mentioned in the “Interpretation of the Insurance law(3)” enacted in 2015 and the exposure draft of “Interpretation of the Insurance law(4)” published in 2017.It is the existence of these defects,which makes the system of Insurer's Accounting Duty faces a lot of disputes in the course of practice,and there are more and more disputes between the insurer and the insured.Therefore,it has far-reaching significance for the healthy and rapid development of the insurance industry to clarify and refine the system of Insurer's Accounting Duty.